A defendant shall be punished by imprisonment for six months.

2. The circumstances are unfavorable to the Defendant, such as the fact that the Defendant had two previous convictions in the same kind, the fact that the judgment of suspension of execution became final and conclusive, the fact that the blood alcohol measurement is relatively high, the Defendant pretended to drive by a third party during the investigation and denied the crime.

On the other hand, the fact that the defendant recognized the crime from the time of investigation by the prosecution, has a deep reflect on the fact that there is no record of punishment exceeding the fine, economic situation is not good, support for minor children, and living a prison life for more than five months in this case is favorable to the defendant.

In this context, in full view of the Defendant’s age character and behavior, the result of the commission of the crime, the circumstances after the commission of the crime, etc., the sentence imposed by the lower court is too unreasonable, and thus, the Defendant’s assertion is reasonable.

3. Since the defendant's appeal is with merit, 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 again decided as follows.

[Re-written judgment] The facts constituting an offense and the summary of evidence recognized by the court are all identical to the facts stated in the corresponding column of the judgment below, and thus, they are quoted as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense, and Articles 148-2 (2) 2 and 44-2 (1) (Options of imprisonment);