The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor, three years of suspended sentence, three years of probation, community service, 180 hours of probation, 40 hours of compliance driving) of the lower court against the Defendant is deemed to be too uneasible and unfair.

2. The fact that the judgment defendant led to the crime of this case and reflects his mistake, and that there is a family member to support is a favorable condition to the defendant.

However, the Defendant had been sentenced to two times of suspended execution and four times of fine due to drinking driving or unlicensed driving, and in particular, on May 31, 2012, the most recent years, the Defendant was placed under the priority of suspended execution even though he was under the highest blood alcohol concentration (0.217%). However, the Defendant committed the instant crime of drinking driving again only after the expiration of the period of suspended execution and within several months.

As above, the Defendant had already been subject to suspended execution and fine several times, and even though having already undergone most correction measures except probation, community service, and participation in compliance driving lectures, the Defendant was found to have been driving in violation of the signal while driving in a state of blood alcohol concentration of 0.162% at the time and time as stated in the instant facts charged.

The possibility of recidivism by the defendant seems to be significantly high, and the possibility of occurrence of traffic accidents due to drinking driving is also reasonable, so it is inevitable to sentence a sentence.

In addition, in full view of the defendant's age, character and conduct, environment, family relationship, motive and background of the crime, and circumstances before and after the crime, the court below's punishment is deemed to be too uneasible and unfair.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

[Discied Judgment] Summary of criminal facts and evidence of this case against the defendant is summary of criminal facts and evidence of this case.