A defendant shall be punished by imprisonment for one year.

Provided, That the above sentence shall be imposed for two years from the date of the final judgment.

1. The lower court’s punishment of a fine of 6 million won against the Defendant in the summary of the grounds for appeal is too unreasonable.

2. At the time of the instant crime, the Defendant’s blood alcohol concentration as 0.22% was very high.

The defendant operated a short distance of 10km in high time with high traffic volume of 15:30.

There is no special reason to drive even though it is under drinking.

The defendant has been punished for crimes related to driving of a motor vehicle seven times even before.

These circumstances are disadvantageous to the defendant.

On the other hand, the defendant shows his attitude to confession and reflect the crime of this case.

The defendant has no record of punishment for drunk driving.

These circumstances are favorable to the defendant.

In addition, considering the defendant's age, character and conduct, intelligence and environment, motive for committing a crime, and circumstances after committing a crime, the sentence of the court below is too uneasible and unfair.

3. In conclusion, the prosecutor's appeal is with merit, 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.

【Reasons concerning Prosecution】 The entry of each column of the judgment below in accordance with Article 369 of the Criminal Procedure Act shall be quoted as it is in the original judgment.

Application of Statutes

1. Article 148-2(2)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act include the reasons for sentencing, and the reasons for examining the appeal shall be determined as set forth in the Disposition.