A defendant shall be punished by imprisonment for two years.

2. One-time criminal defendant has already been sentenced to criminal punishment for driving under the influence of alcohol three times, and this case constitutes a repeated crime as a crime committed again before three years have passed since he/she was sentenced to a sentence among the records of the crime of driving under the influence of alcohol;

The alcohol concentration of the defendant's blood appears to have exceeded the driver's license revocation level, and the defendant shows that he had been engaged in farming in the Dong and driving in relation to the transportation of agricultural products even in the ordinary world, so there is doubt that he has not been continuously driving in the licence condition, so it is necessary to punish the defendant with heavy punishment.

Therefore, the sentence of sentence against the defendant is judged to be inevitable, but it is recognized that the sentence imposed by the court below is unfair because it is somewhat inappropriate, considering the following factors: the defendant's age, sexual conduct, intelligence and environment, circumstances leading to this case, and various circumstances, which are conditions for sentencing as shown in the argument of this case, such as the fact that no personal and material damage has occurred due to the defendant's drinking or non-license driving of this case, there are family members to support the defendant, and the defendant confessions all of the crimes of this case and reflects against the defendant.

3. If so, the defendant's appeal is reasonable, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

Criminal facts

The summary of the evidence and criminal facts against the defendant recognized by the court and the summary of the evidence.