A defendant shall be punished by imprisonment with prison labor for up to six months.

2. As the judgment of the court below, it is necessary to strictly punish the defendant when considering the fact that the defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act on November 29, 2013 due to the fact that the defendant had been sentenced to a suspended sentence of two years for a violation of the Road Traffic Act on November 29, 2013.

However, the defendant shows his attitude to make a confession and seriously against himself, and again, he does not drive drinking again.

In full view of the facts that the vehicle was disposed of, seven times of fine, and one suspended sentence, and the fact that there is no criminal conviction other than that sentenced by a suspended sentence, and all of the sentencing conditions shown in the records and the trial process, including the Defendant’s age, sex, environment, motive, means and consequence of the crime, etc., the sentence of the lower court is somewhat unreasonable.

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

【Grounds for a new judgment】 The facts constituting a crime and the summary of evidence recognized by the court below and the summary of evidence related thereto are as follows. In addition to the second instance judgment’s finding “2,50,000 won” as “2,50,000 won” as “each corresponding column of the court below’s judgment, it shall be cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;