The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the period of two years from the date this judgment becomes final and conclusive.

1. The decision of the court below on the summary of the reasons for appeal (6 months of imprisonment) is too unreasonable.

2. In light of the fact that the defendant was punished several times for the same crime, and re-offending during the suspension period, and that the defendant's blood alcohol concentration was considerably high by 0.161% at the time of the crime of driving the drinking of this case, it is necessary to severely punish the defendant.

However, in full view of various circumstances, including the defendant's age, sex, intelligence and environment, motive, background, means, method and consequence of the crime, circumstances before and after the crime, and criminal record relation, the sentence imposed by the court below is somewhat unreasonable, and thus, the defendant and his defense counsel's allegation of the above unfair sentencing is justified.

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 reversed and it is again decided as follows

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are all the same as the corresponding columns of the judgment below, and 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 Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act ( considered favorable circumstances among the crimes of destruction);

1. Article 62(1) of the Criminal Code of 1.1.