A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

The punishment of the court below (one year of imprisonment) is too unreasonable.

2. The fact that the Defendant committed a crime of re-driving after leaving the phone even though the Defendant was found to have driven on March 22, 2020, and that the blood alcohol concentration is very high is disadvantageous to the Defendant.

However, in full view of the following facts: (a) the Defendant has divided his mistake in depth; (b) the Defendant did not have any previous conviction other than the fine due to the above drunk driving; (c) the Defendant appears to have had no previous conviction other than the previous conviction due to the above drunk driving; (d) the absence and loss reduction after voluntary retirement, etc. appears to have affected the crime; (c) the Defendant supports the mother of the aged who is not good in health; (d) the Defendant disposes of the vehicle and does not repeat the vehicle; and (e) the Defendant disposes of the vehicle and does not repeat the crime; and (e) the sentencing conditions of the instant case records and arguments, such as the Defendant’s age, character and conduct, circumstances before

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by this court and summary of evidence are the same as stated in each corresponding column of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Determination of the sentencing grounds of Article 62-2 of the Criminal Act by comprehensively taking account of the various sentencing grounds for the reasons for the above appeal, the sentence as ordered shall be determined.