A defendant shall be punished by imprisonment with prison labor for up to six months.

except that, for two years from the date this judgment becomes final and conclusive.

2. In light of the following facts: (a) the judgment was examined; (b) the drunk driving is a dangerous criminal that may cause serious damage not only to the principal but also to the other person’s body and property; and (c) the Defendant has already been punished four times for the same kind of crime; and (d) the Defendant committed the instant crime without being aware of the suspension period of the execution of imprisonment for six months for the same kind of crime, even though he was sentenced to the suspension of the execution of the said two

However, considering the favorable circumstances, such as the Defendant’s recognition of all of the instant crimes and the fact that his mistake is against the depth through the prison life for approximately two months, and that blood alcohol level is relatively low to 0.058%, the Defendant supports his family by negligence, and taking into account various sentencing factors indicated in the records, such as the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, motive and circumstance of the crime, means and consequence of the crime, the circumstances after the crime, etc., the lower court’s punishment seems to be too unreasonable, and thus, the Defendant’s above assertion is reasonable.

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 of this case is with merit.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each 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 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration favorable circumstances among judgments on the grounds for appeal);

1. Suspension of execution prescribed in Article 62 (1) of the Criminal Act ( considered for repeated consideration of favorable circumstances in determining the grounds for appeal);

1. Orders for probation and education;