The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

1. The sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

2. On November 24, 2016, the Defendant was sentenced to a suspension of the execution of one time due to driving under drinking, and the Defendant was sentenced to a suspension of the execution of one time due to driving under the influence of alcohol and was sentenced to a fine of one million won due to driving under the influence of alcohol at the Changwon District Court for six months on November 24, 2016, but was sentenced to a suspension of the execution of one million won due to driving under the influence of alcohol, and was under the influence of a license without the driving under the influence of alcohol. At the time of the Defendant’s blood, the alcohol concentration level was higher than 0.150%, and the driving distance was not shorter.

However, in light of the fact that the defendant acknowledges and reflects the crime, the defendant has no record of the same punishment except for the above two times, the defendant supports his aged old old mother, the defendant has the time to reflect while covering half of the sentence, the defendant's power, the environment at risk, and the contents of the crime of this case, etc., it is judged that the suspension of execution of the sentence is an effective measure that can achieve the prevention of recidivism by ordering the defendant to attend social service and compliance driving lecture, and that giving more opportunities once to the defendant by ordering the defendant to attend the course of the crime of this case, and other various circumstances that are conditions for the punishment specified in the records and arguments of this case, such as the defendant's age, environment, sex behavior, circumstances before and after the crime, etc., the punishment imposed by the court below is too unreasonable.

3. Since the defendant's appeal is with merit, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.

Criminal facts

The summary of the facts charged and the evidence recognized by the court as to this case is separate from the original judgment.