A defendant shall be punished by imprisonment for one year.

2. Considering the fact that the crime of this case is not good, that the defendant committed the crime of this case again during the suspension period of execution for the same kind of crime even though he had a previous record of multiple times, and that blood alcohol concentration is very high, strict punishment against the defendant is required.

However, considering the fact that the defendant repents his mistake, that the defendant drives two wheelss rather than four-wheeled motor vehicles, that the defendant does not have any criminal record, that there is no criminal record for the defendant, the balance of sentencing with the same crime, the age, character and conduct and environment of the defendant, the motive, means and consequence of the crime, and the circumstances after the crime, the court below's punishment is too unreasonable. Thus, the above argument by the defendant 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.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are identical to the facts charged and the summary of the evidence, 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 2 of Article 154 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;