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 sentence of the court below against the defendant (six months of imprisonment) is too unreasonable.

Judgment

In addition, even though there were several criminal records of the same kind, the defendant committed the crime of this case at a different time, there was no record of punishment heavier than a suspended sentence since 2004, and the defendant was detained for about three months, and the defendant was detained for about three months, and his depth is divided. The blood alcohol content of this case is about 0.071%, and other conditions of punishment as shown in the records and arguments of this case, such as the defendant's age, character, character, environment, circumstances of the crime, and circumstances after the crime, are inappropriate.

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

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to each corresponding part of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of Article 148-2 (2) 3, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution (average circumstances in favor of the grounds for reversal of this case);

1. Probation and lecture attendance order shall be decided as per the Disposition on the grounds of Article 62-2 of the Criminal Act or more;