A defendant shall be punished by imprisonment for six months.

2. The judgment of the defendant committed the crime of this case again during the period of suspension of the execution of imprisonment, even though he had been sentenced to a fine or a suspended sentence of imprisonment on several occasions due to a violation of the Road Traffic Act, and the defendant's blood alcohol level at the time of driving the crime of this case is not low to 0.103%. However, it is recognized that the defendant led to a confession and reflect of the crime of this case, the distance of driving is relatively short, and considering all the sentencing conditions such as the defendant's age, character and behavior, environment, motive and circumstance of the crime of this case, circumstances after the crime of this case, and risk of recidivism, etc., the judgment of the court below is somewhat somewhat inappropriate. Thus, the defendant's above assertion is justified.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is 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. Relevant provisions of Article 148-2 (1) 1, 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 of the Road Traffic Act and Articles 152 and 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation (absurd and reflective point, etc.);