The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

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

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months and one year of suspended execution) of the lower court is deemed to be too unhued and unfair.

2. The facts charged in this case are recognized by the Defendant, and their depth reflects his mistake, the distance from driving at the time of the crime is not long, and the circumstances to be taken into account are favorable to the Defendant.

However, drinking driving is a crime that threatens the life and body of the defendant and other persons, and the social danger and harm of the crime were considerably high in the degree of 0.228% at the time of the crime of this case, the defendant had a history of criminal punishment twice in the past, and the police officer who has conducted drinking control, in addition to the crime of drinking driving, assaulting the police officer who has conducted drinking control to interfere with the performance of public duties, and taking into account all the sentencing conditions as shown in the records and arguments of this case, such as the defendant's age, occupation, character, character, environment, family relationship, circumstances after the crime, etc., the sentence of the court below is unreasonable.

Therefore, prosecutor's assertion is justified.

3. In conclusion, 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.

【Reasons for the Judgment of the Court which has been written] The summary of facts constituting a crime and evidence recognized by the court is the same as that of each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant statutory provisions concerning criminal facts, Articles 148-2 (2) 1 and 44 (1) of the former Road Traffic Act (wholly amended by Act No. 16037, Dec. 24, 2018); Article 136 (1) of the Criminal Act; Articles 136 (1) of the Criminal Act; Articles 148-2 (2) 1 and 44 (1) of the same Act; Articles of the choice of imprisonment

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Discretionary mitigation Criminal Act;