A defendant shall be punished by imprisonment for one year.

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

2. Although the accused has a record of being punished by a fine on several occasions due to drinking driving, it is not good to commit the crime and commit the crime, such as causing traffic accidents in which the accused makes a judgment through drinking driving and refusing a police officer's request for the measurement of drinking alcohol.

However, the court below's punishment is deemed unfair because it is too unreasonable to maintain the sentencing of the court below because it is too unreasonable to maintain the sentencing of the court below, in full view of the following: (a) the defendant's family relation, family form, and place of attention revealed through the sentencing investigation through the court investigator of this court; (b) there is no record of punishment exceeding the fine, and there is no agreement with the injured victim; and (c) there is an agreement with the injured victim.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the judgment below is again ruled as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 257(1) of the Criminal Act applicable to the relevant criminal facts; Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (amended by Act No. 15530, Mar. 27, 2018; hereinafter the same shall apply); Article 148-2(1)2 and Article 44(2) of the former Road Traffic Act (amended by Act No. 15530, Mar. 27, 2018); Article 152 subparag. 1 and Article 43 of the Road Traffic Act; Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 15981, Dec. 18, 2018);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Aggravation for concurrent crimes;