A defendant shall be punished by imprisonment for not less than eight months.

The sentence of the lower court (one year of imprisonment, three years of probation, two years of probation, 120 hours of community service, 40 hours of compliance driving, 40 hours of course) is too uncomfortable and unfair.

Judgment

In full view of the facts that the Defendant was driving on an expressway while under the influence of alcohol 0.203% with blood alcohol content, and that the blood alcohol content high and the risk of the accident was also high, and that the Defendant did not take measures such as aiding and abetting people due to an accident while driving under the influence of alcohol, and that there was a history of having been sentenced to two suspended sentence due to the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles) by escaping, etc., the sentence of the lower court is deemed unjust.

Therefore, the prosecutor's argument of unfair sentencing is justified.

In conclusion, the prosecutor's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act on the Crime, Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act (hereafter referred to as "driving without a license"), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act (hereafter referred to as "driving without a license");

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (a favorable circumstance to the defendant) is that the defendant repents the defendant's wrong facts and again does not drive under the influence of alcohol, and that the defendant supports two wifes and children.

However, the instant crime was committed by the Defendant, while under the influence of alcohol content 0.203%, driving on an expressway approximately 20km, and the blood alcohol concentration level is high and the risk of the instant accident is also high.