A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

2. In light of the following circumstances: (a) the Defendant’s confession of the instant crime; and (b) the Defendant was suffering from depression; (c) the instant crime is a drunk driving under the influence of 0.341% of the blood alcohol concentration; (d) the Defendant’s act is not less and less severe; and (e) the blood alcohol concentration is very high; and (e) the drinking driving requires a strict punishment for a crime that may threaten another’s life as well as the Defendant, which may threaten another’s life; and (e) other circumstances that are the conditions for sentencing, such as the Defendant’s age, character and conduct, environment, motive or circumstance of the instant crime, means and consequence; and (e) the Defendant’s age, character and conduct, motive or circumstance of the crime; and (e) circumstances after the crime, economic ability, etc., the sentence imposed by

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

Application of Statutes

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act ( considered in favor of the parties in paragraph (2) of the same Article);