A defendant shall be punished by imprisonment for six months.

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

The sentencing of the court below (six months of imprisonment) is too unreasonable.

Before the judgment on the grounds for appeal ex officio, the prosecutor applied for amendments to the indictment with the content that " approximately 25 km" was changed from the facts charged in the instant case to " around 5 km". Since the subject of the judgment was changed by this court's permission, the judgment of the court below was no longer maintained.

Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act and it is again decided as follows, without examining the grounds for appeal, since the above grounds for ex officio reversal exist.

Punishment of the crime

On October 27, 2012, at around 20:00, the Defendant driven a C physical-person car under the influence of alcohol content of about 0.16% in the section of about 5km from the front of the community hall located in the Habong-ri, to the front road of the Jinsung-gun, Gangwon-do, at around 20:15 on the same day.

Summary of Evidence

1. The defendant's oral statement in court;

1. Application of Acts and subordinate statutes to a report on detection of a host driver;

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Although there are many previous and previous penalties for sentencing under Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act, Article 59 of the Act on Probation, Etc., including the Defendant who was sentenced one time to a sentence, the Defendant needs to be strictly punished for the crime of this case.

However, after the defendant was sentenced to a suspended sentence on June 27, 2008 due to drinking driving, there is no criminal records, reflects the fact that he/she has no time of his/her own accommodation through confinement for three months, and the wife of the defendant.