The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (e.g., a fine of KRW 7 million) of the lower court is too unhued and unreasonable.

2. The judgment defendant recognized the crime of this case.

At the time of the instant crime, it is difficult to view that the blood alcohol concentration of the Defendant at the time of the instant crime constituted the 0.080% higher of the Arabic value.

However, drinking driving is a crime threatening to the life and body of himself/herself and others, and it is necessary to take into account social risks and harm.

Although the Defendant had three times of punishment due to the crime of driving under the same kind of alcohol, the Defendant did not know about the probation period due to the crime of violating the Electronic Financial Transactions Act and committed the crime of driving under the influence of alcohol.

In addition, considering the various circumstances that form the conditions for sentencing as shown in the records and arguments of this case, the sentence imposed by the court below is unreasonable.

3. Since the appeal by the prosecutor of the conclusion is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled

[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 of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

1. In the judgment of the grounds for the above grounds of appeal under Article 62(1) of the Criminal Act, the sentence shall be determined as per the order, taking into account the various factors of sentencing.