The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The lower court’s imprisonment (eight months of imprisonment) against the Defendant is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. In light of the fact that there is a social consensus on the necessity of a drunk driving, it is necessary to punish the defendant with severe punishment corresponding to his responsibility. In light of the fact that the defendant, who has been subject to criminal punishment several times due to the violation of the Road Traffic Act due to the crime of a drunk driving, such as this case, commits another crime of a drunk driving, and thus, the risk of recidivism is high. The blood alcohol concentration level is considerably higher than 0.408%, and the blood alcohol concentration level has been formed.

However, it seems that the defendant reflects his mistake in the course of committing the crime of this case, and it seems that the risk of drunk driving and drinking driving was significantly differentiated through the custody life of the defendant for three months. Although the defendant had a number of criminal records, such as the previous criminal records of this case, the defendant has no record of being sentenced to imprisonment due to the violation of the Road Traffic Act due to the violation of the Road Traffic Act due to drinking driving, etc., other factors such as the defendant's age, character, character, environment, health condition, motive of the crime, and circumstances after the crime are taken into account, the sentence of the court below against the defendant is somewhat weak.

It is too unreasonable rather than that.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the following decision is delivered

(2) The Criminal Procedure Act provides that the prosecutor’s appeal shall not be dismissed inasmuch as the defendant’s appeal is accepted and the judgment of the court below is reversed. (3) The summary of the facts constituting an offense and the evidence admitted by the court is identical to the facts constituting an offense and the summary of the evidence.