The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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 driving under the influence of alcohol is a very dangerous crime that may cause unexpected behaviors to the life and home of others as well as to itself by raising the possibility of a traffic accident, and there is a need for strict punishment. The accused has a previous conviction and fine of 1.5 million won for the same kind (hereinafter referred to as a fine) once, although the traffic accident was not realized, the blood alcohol concentration (0.207%) of this case is very high, and the driving distance (100 km) of this case is considerably high, and in particular, there was a high possibility of causing a serious accident that seems to have been driven under the speed of an expressway.

However, the defendant is recognized to commit the crime of this case, the criminal records of the same kind of fine of the defendant are 2011 and there is a considerable interval between the crime of this case and the crime of this case, and the defendant is driving in order to meet his family after drinking alcohol and diving.

It is more favorable to the fact that it is a so-called night driving, and there are some circumstances to consider the background of the crime.

In addition, in full view of the circumstances of the crime of this case, the circumstances after the crime of this case, the defendant's age, character and conduct, environment, the sentencing cases of similar cases, and the equality of punishment, etc., the court below's punishment is recognized as unreasonable and unfair. Thus, the defendant's assertion is reasonable.

3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is ruled after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;