The punishment of the accused shall be determined by six months of imprisonment.

provided that this ruling has become final and conclusive.

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

Judgment

The fact that the defendant has already been punished three times or more due to drinking driving, and in particular, the fact that the defendant did not receive a summary order according to the same criminal record and again commits the crime of this case at all times is an unfavorable sentencing factor.

However, in full view of the facts that the Defendant’s mistake was recognized as late as possible, and that it is against the Defendant’s duty to not repeat again, and that the Defendant entered his vehicle into the scrapping box while the Defendant did not repeat again, that the Defendant did not have any past record of punishment heavier than a suspended sentence due to the same criminal record, and that the Defendant’s blood alcohol concentration is very high to 0.073%, etc., are favorable factors for sentencing. In full view of the circumstances leading to the instant crime, circumstances after the instant crime, Defendant’s age, character and conduct, environment, etc., the lower court’s punishment is recognized as unreasonable, and thus, the Defendant’s assertion is reasonable.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision shall be rendered after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is 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 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;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;