The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The main point of the grounds for appeal is that the sentence of the lower court (ten months of imprisonment and two years of suspended execution, probation, and 40 hours of an order to attend a compliance driving course) is too unreasonable.

2. The judgment below is deemed to have been punished by a fine on several occasions due to the same violation of the Road Traffic Act, and the blood alcohol concentration of the defendant at the time of driving under the influence of alcohol in this case is considerably high at 0.142%. However, considering the following factors: (a) the confession and reflection of the crime in this case; (b) the distance from driving in the state of drinking is relatively short; (c) the suspension of qualification or more criminal records; and (d) there are no other defendants' age, character and behavior, environment, and circumstances after the crime, etc., the judgment below's punishment is somewhat inappropriate, and thus, the defendant's above assertion is reasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled as follows.

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 Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (i.e., confession and reflective nature);