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

However, for a period of two years from the date this judgment becomes final and conclusive.

2. The Defendant recognized the mistake of the instant crime, and is in profoundly contradictory to the fact that the Defendant did not repeat the instant crime.

It is also recognized that the defendant should support his family.

However, although the defendant had been punished several times for the same kind of case, including the probation, the crime of this case is likely to be committed again during the probation period, and the nature of the crime is heavy.

The defendant's blood alcohol concentration is 0.152% high so that it is necessary to punish the defendant strictly.

In full view of all the sentencing conditions shown in the records and arguments, such as the age, character and conduct, environment, etc. of the defendant, the sentence imposed by the court below is too uneasible and unfair.

3. As such, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the statement in each corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act concerning the facts constituting an offense and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which selects the penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered in the preceding favorable circumstances);

1. Article 62 (1) of the Criminal Act (Consideration favorable circumstances in the front);

1. The proviso to Article 62-2 (1) and Article 62-2 (2) of the Criminal Act;