The judgment of the court below is reversed.

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

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

1. The summary of the grounds for appeal: The lower court’s sentence (five million won of a fine) is too unhued and unreasonable.

2. The Defendant, who made a judgment, led to confession and reflect on the instant crime.

The crime of this case did not cause any traffic accident causing human and material damage.

However, in light of the social risk of the crime of drunk driving and the end of the crime, strict punishment is required, and the defendant has already been punished for the suspension of the execution of imprisonment due to the two-time fine due to the crime of drunk driving and the refusal of the measurement of drunk driving, but again committed the crime of this case.

In addition, the blood alcohol concentration at the time of the instant crime is 0.148% relatively high.

In full view of the above circumstances and other factors of sentencing, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and circumstances after the crime, the lower court’s punishment is deemed unreasonable as it is deemed unreasonable.

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 as follows.

[Discied reasoning of the judgment] Criminal facts and the summary of the evidence recognized by the court below and the summary of the evidence are the same as the corresponding column of the judgment below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2(2)2 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); the choice of imprisonment for a crime;

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

1. Determination of the grounds for appeal of the grounds for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture shall be made in full view of the various sentencing conditions as seen above.