The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

1. In light of the purport of the grounds for appeal, the recidivism during the suspended execution period, and the records of the same kind of crime, etc., the lower court’s sentence against the Defendant (a fine of KRW 6 million) is too uneased and unreasonable.

2. Although there are extenuating circumstances such as the Defendant’s deep reflects his mistake and the fact that the existing sentence of suspended sentence will be invalidated, considering the fact that the Defendant was sentenced to imprisonment for 2 years in the Seoul Western District Court on August 18, 2010 to imprisonment for a violation of the Road Traffic Act (driving) in the Seoul Western District Court on the following grounds: (a) the Defendant committed the instant crime; (b) the Defendant committed the instant crime on seven occasions since 2000; (c) the Defendant committed the same crime on seven occasions; (d) the Defendant committed the same offense on three occasions in 2010; (c) the Defendant’s blood alcohol concentration level reaches 0.159%; (d) the Defendant’s blood alcohol concentration level reaches 0.159%; and (e) the Defendant’s operation of exmods under drinking is highly likely to lead to a large accident; and (e) other factors of sentencing as indicated in the records of the crime, such as the Defendant’s age, character and behavior, home environment, and circumstances after

3. Accordingly, 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.

Criminal facts

The summary of the evidence and the facts charged by the defendant 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 they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2 subparagraph 1 of Article 148-2 and Article 44 (1) of the former Road Traffic Act (amended by Act No. 10790, Jun. 8, 201; hereinafter the same shall apply) to the relevant criminal facts, the selection of punishment, and Articles 154 subparagraph 2 and 43 of the former Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment shall be imposed for a violation of the former Road Traffic Act with more severe punishment);

1. Selection of an alternative imprisonment with prison labor ( Taking into account the grounds for reversal);