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 decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. The Defendant had the record of being punished by a fine on several occasions due to driving of alcohol, driving without a license, etc., and the Defendant, on August 26, 2017, when driving 0.238% alcohol level from blood without a license to drive 0.238% due to a license, and the summary order of KRW 7 million was requested as a fine was placed. However, the Defendant, immediately thereafter, committed the instant crime by driving the same obane in the state of drinking alcohol concentration of 0.124% in the state of drinking alcohol level in which 0.124% in the oba, etc. was committed, is disadvantageous to the Defendant.

However, considering the circumstances favorable to the defendant, such as the fact that the defendant recognized all of the crimes in this case, the defendant's distance ( approximately 100 meters), the defendant's driving distance of the Ototoba (including approximately 100 meters), the fact that there is no record of criminal punishment exceeding the fine, the fact that the defendant scrapped the Otoba used for the crime in this case and does not repeat again, and other various circumstances that are conditions for the argument in this case and the sentencing specified in the record, such as the defendant's age, sex, environment, circumstances and result of the crime, and the situation before and after the crime, etc., the court below's punishment is too unreasonable, and the defendant's assertion is reasonable.

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 judgment below is again ruled after pleading as follows.

【Grounds for a new judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and the gist of evidence are identical to the facts in each corresponding column of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure

Application of Statutes

Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (in cases of drinking), Article 154 subparagraph 2, Article 154 of the Road Traffic Act for criminal facts.