The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

1. The gist of the grounds for appeal is too unreasonable that the original court’s imprisonment (six months of imprisonment) is too unreasonable.

2. The judgment factor is the sentencing factor unfavorable to the Defendant, such as: (a) the Defendant had already been punished by a fine on several occasions due to drunk driving; (b) the Defendant committed the instant crime even if he was sentenced to one year of suspended sentence for four months of imprisonment due to drunk driving, etc. at the Seoul Southern District Court on April 13, 201; (c) the Defendant was driving under the influence of alcohol without any special reason; and (d) the Defendant’s blood alcohol concentration at the time of the instant crime was not low.

However, in full view of the following: (a) the Defendant recognized the instant crime; (b) the Defendant did not actually pose a risk of traffic accidents, etc. due to the instant crime; (c) the Defendant would not repeat the instant crime by selling a vehicle used for drinking driving; and (d) the number of detentions may make it difficult for the Defendant to return to society when he loses his workplace; and (d) other factors of sentencing that are favorable to the Defendant and other various conditions of sentencing indicated in the instant records, the lower court’s sentencing against the

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of facts and evidence recognized by the court is the same as that of each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act on the Crime, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;