The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

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

2. There is a disadvantage to the defendant, such as the fact that the defendant was sentenced to a fine three-time due to a violation of traffic laws on roads, a fine twice due to a drinking driving, and a fine once due to a driving without a license for drinking, and the defendant's blood alcohol concentration level at the time of raising 0.102%.

However, considering the fact that the defendant acknowledges and reflects the crime, the vehicle driven by the defendant, the fact that the defendant scrapped the vehicle driven by the defendant, the fact that the defendant is aged and the baby does not remain only one, the defendant's term of imprisonment for six months has almost been served, and the defendant's order of imprisonment for six months as declared by the court below was suspended, and giving him more opportunities once by ordering community service and compliance instruction than immediately serving a sentence, and the contents of the crime in this case, etc., it is judged that the provision of more opportunities for the defendant to participate in social service and compliance instruction than immediately serving a sentence is an effective measure that can achieve the prevention of recidivism of the defendant's recidivism. In full view of all other circumstances, the punishment imposed by the court below is unfair because it is too too unreasonable.

3. Since the defendant's appeal is with merit, 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.

Criminal facts

The summary of the facts charged and the evidence admitted by the court as to the instant case is identical to the description of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of drinking alcohol) concerning facts constituting an offense, and Article 152 subparagraph 1 of the Road Traffic Act.