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 for one year and six months) of the lower court is too unreasonable.

2. Determination is an element of sentencing unfavorable to the Defendant, such as the Defendant’s previous convictions for drinking twice, the Defendant’s previous convictions for a suspended sentence, the occurrence of an accident during drinking, and the blood alcohol concentration level (0.280%) at the time of driving under the influence of alcohol in this case is considerably high.

However, the Defendant’s recognition of the instant drinking driving, the Defendant’s previous conviction was sentenced to a fine of three million won in the year 2015 and a suspended sentence of two years in the year 2016, and the Defendant’s previous conviction was sentenced to a suspended sentence of one year in the year 2016, and there are no other previous convictions, etc. are factors favorable

In addition, comprehensively taking account of the Defendant’s age, character and conduct, criminal records, motive and background leading to the drinking driving of this case, circumstances after the commission of the crime, and comparison with the recent sentence sentence of the same kind of case with similar sentencing conditions after the enforcement of the Road Traffic Act amended in 2018, the lower court’s punishment is deemed unreasonable.

3. Since the appeal by the defendant 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 again after pleading.

[C] The criminal facts and the summary of the evidence admitted by this court are the criminal facts and the summary of the evidence. However, according to the suspect examination protocol, the defendant seems to drive a motor vehicle from the Do near the Gwangju Dong-gu G head office, where the defendant parked while drinking the preceding day, with the exception that the "in approximately 10km section from the Gwangjin-gu B apartment on the roads in Gwangju Dong-gu to the front road of the D elementary school located in Gwangju Dong-gu, Gwangju Dong-gu, to approximately 1km section on the roads in front of the D elementary school located in Gwangju Dong-gu," among the criminal facts of the judgment of the court below.