The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable.

2. The judgment of the defendant has a criminal record of driving under the influence of alcohol one time, the defendant's blood alcohol concentration high at the time of driving under the influence of alcohol at the time of driving under the case and the section of driving under the influence of alcohol falls under the long distance where the national expressway is included, and the defendant committed the crime of this case during the suspension period of the execution of this paper crime

However, considering the following circumstances: (a) the Defendant did not have any previous conviction exceeding a fine in relation to drunk driving; (b) the instant crime was committed prior to the enforcement of the current law, which was raised by statutory penalty; (c) the Defendant suffers from the Complex M&D post, respectively; and (d) the Defendant is the primary one of the single-parent families supporting his/her H students, Ilins, and support his/her sons, and the Defendant’s age, character and conduct, status, environment, circumstances of the instant crime, and results; and (e) the circumstances after the crime, etc., the sentence imposed by the lower court against the Defendant is too unreasonable

3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

【The Reasons for the Judgment of the Supreme Court which has been written] The criminal facts and the summary of the evidence against the defendant recognized by this court are as stated in the reasoning of the judgment of the court below in addition to the deletion of "the defendant has violated the prohibition of driving under the influence of alcohol not less than twice", and therefore, it is identical to the corresponding part of the judgment of the court below. Thus, it shall be accepted as it is in accordance with Article 3

Application of Statutes

1. Article 148-2(2)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. Suspension of execution is stipulated in Article 62(1) of the Criminal Act;