The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

, however, for two years from the date this judgment becomes final and conclusive.

1. As to the defendant's assertion of unfair sentencing, 1.5 million won of a fine for the violation of the Road Traffic Act in 2004, 1.5 million won of a fine for the violation of the Road Traffic Act in 2004, 1.5 million won of a fine for the violation of the Road Traffic Act in 2006, 2.5 million won of a fine for the violation of the Road Traffic Act in 2010, 2.4 million won of a fine for the violation of the Road Traffic Act in 2010, 4 million won of a fine for the violation of the Road Traffic Act in 2010, and 3 million won of a fine for the violation of the Road Traffic Act in 200, considering that the defendant was tried for the violation of the Road Traffic Act in 204, 1.5 million won of a fine for the violation of the Road Traffic Act in 2004, 2.5 million won of a fine for the violation of the Road Traffic Act in consideration of the circumstances and circumstances that the defendant did not have any unfavorable conditions to the defendant, etc.

2. The judgment 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 evidence admitted by the court is the same as the corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act on the Crime, Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of the sound driving), Article 148-2 (1) 2, and Article 44 (2) of the Road Traffic Act (the point of refusal of measurement of the sound driving), the Road Traffic Act, the choice of punishment for the crime;