1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for a year and eight months;

1. The sentence imposed by the court below on the defendant (two years of imprisonment) is too unreasonable.

2. The judgment of the defendant has already been sentenced to a total of five times of imprisonment due to drunk driving, including one of the suspended sentence of imprisonment, and in particular, on March 22, 2019, the decision of the suspended sentence of one year of imprisonment was finalized on March 22, 2019. The crime of this case was committed during the suspended sentence period, there was a previous conviction who was sentenced to a fine once due to an external driving, and there was a previous conviction who was sentenced to a fine once due to a non-exclusive driving, 4 times of a fine due to a non-exclusive crime, and in this case, the blood alcohol concentration is very high to 0.177%, and 4 or more without a license.

However, it is also recognized that the Defendant has to additionally serve a term of imprisonment with prison labor for one year under the suspension of execution, if imprisonment with prison labor is finalized in this case, it is also recognized that the Defendant fully acknowledges and reflects the instant crime, there is no criminal record, disposal of vehicles, etc., thereby preventing recidivism.

In addition, in full view of the circumstances that are conditions for sentencing, such as the defendant's age, character and conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, it is judged that the sentence imposed by the court below is somewhat inappropriate.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column 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. Article applicable to criminal facts;

(a) Drinking-driving: Articles 148-2 (1) and 44 (1) of the Road Traffic Act;

(b) Driverless driving: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act; and

1.Article 40 of the Criminal Code of Trade and Trade.