A defendant shall be punished by imprisonment for one year.

2. In light of the fact that the court below, as stated in the grounds for sentencing unfavorable to the defendant, had a record of punishment several times including the crime of violating the Road Traffic Act due to the act of driving under the influence of alcohol, such as the defendant's act of driving under the influence of alcohol in this case without being aware of it during the period of repeated crime, and the risk of recidivism such as the crime of driving under the influence of alcohol in this case has deteriorated, it is inevitable to

However, the lower court’s punishment is too unreasonable in light of the following factors: (a) the Defendant’s age, occupation, character and behavior, environment, family relationship, health status, motive, and circumstances after committing the instant crime; and (b) the distance of driving in a drinking condition is relatively short; and (c) other factors for sentencing indicated in the record of the instant case, such as the Defendant’s age, occupation, character, environment, family relationship, health condition

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

【Reason used in multi-level] Criminal facts and summary of evidence recognized by the court, and summary of evidence, are the same as stated in each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, Article 35 of the Criminal Act among repeated offenders who choose to impose imprisonment, for the crime, and for the choice of punishment;

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