The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

1. The summary of the grounds for appeal: The punishment that the court below rendered unfair sentencing (6 million won in penalty) is too uneasy and unreasonable.

2. In light of the fact that the driving of judgment drinking is a serious criminal threatening not only to himself, but also to the life, body, and property of other persons and his family members, the defendant committed the instant crime even though he had been punished twice due to drinking driving, and the defendant's traffic accident has occurred due to the instant crime, it is determined that the sentence imposed by the court below is too weak even in view of the following: (a) human damage has not occurred due to the instant crime; (b) physical damage due to the instant crime was dealt with by the motor vehicle comprehensive insurance to which the defendant was admitted; and (c) the defendant has no other criminal history.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted 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 (referring to driving under influence of alcohol) applicable to the facts constituting an offense, the choice of punishment for imprisonment, and the choice of punishment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for the sentencing of Article 62-2 of the Criminal Act on the grounds of the above appeal shall be determined by comprehensively taking into account the various sentencing conditions as seen in the above grounds for appeal.