The judgment of the court below is reversed.

Defendant shall be punished by a fine of five million won.

The above fine shall not be paid by the defendant.

1. The sentence of the lower court against the accused (six months of imprisonment) is too unreasonable.

2. In light of the fact that the court below, as stated in the circumstances unfavorable to the defendant, was sentenced to a suspended sentence of 2 years for a violation of the Road Traffic Act due to a drunk driving, etc., and the defendant was sentenced to a suspended sentence of 10 months for a violation of the Road Traffic Act due to a drunk driving, etc., and there is a high possibility of criticism by 0.17% after the judgment became final and conclusive, and the numerical value of the blood alcohol concentration of this case is very high to 0.117%, strict punishment against the defendant is necessary.

However, except for the above suspended sentence, the defendant did not have any particular criminal record, and committed all of the crimes in this case, and did not closely reflect his mistake while driving the so-called "nive driving" in this case, and the defendant seems to have significantly differentiated from the serious degree of the law and regulations or the risk of drinking driving while living in the nearest detention for three months due to the instant case. The defendant seems to have been living without losing trust and expectation in his family, school, workplace, etc. so far, considering all the sentencing conditions stated in the records of this case, such as age, character, occupation, occupation, environment, family relationship, motive, means and consequence of the crime, circumstance after the crime, etc., the above sentence of the court below is 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 as stated in the corresponding column of the judgment of the court below. Thus, it is in accordance with Article 369 of the Criminal Procedure Act.