The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

except that, for three years from the date this judgment becomes final and conclusive.

1. The decision of the court below on the gist of the grounds for appeal (one year and two months of imprisonment) is too unreasonable;

2. In light of the need for severe punishment for driving under the influence of alcohol and the possibility of recidivism, it is necessary to punish the Defendant with severe punishment corresponding to his/her responsibility, without being fully aware of the fact that the Defendant, who had been punished several times due to the violation of the Road Traffic Act due to the same type of crime, committed the instant crime under the influence of alcohol concentration of 0.154%, even though he/she was under the suspension of execution due to the same kind of crime.

However, considering the following: (a) the Defendant’s perception of committing the instant crime, and the Defendant’s mistake in depth reflects the criminal records, and there is no criminal records sentenced to imprisonment for three months, it seems that the risk of drinking driving and the seriousness of penal provisions are significantly distinctive; and (b) other factors of sentencing specified in the records of the instant case, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the instant crime; and (c) the circumstances after the commission of the instant crime, etc., the lower court’s punishment is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries 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. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes shall be more severe.