The judgment of the court below is reversed.

The punishment of the accused shall be determined by six months of imprisonment.

However, from the date this judgment becomes final and conclusive.

1. The sentence (six months of imprisonment) imposed by the court below on the summary of the grounds for appeal is too unreasonable.

2. Determination of the crime of this case is a situation in which the defendant, who has been punished not less than two times due to drinking driving, drives another driving of drinking, which is not good in the nature of the crime, and driving of drinking is an act that may cause a serious danger to the lives and bodies of the general public as well as the driver himself/herself, and is disadvantageous.

On the other hand, it is advantageous to recognize and seriously reflect his mistake, such as scrapping of a motor vehicle used for the crime of this case when the defendant was in the trial of a party, etc., the crime of this case does not lead to human life damage, and there is no record of criminal punishment exceeding the fine.

In addition, in full view of the circumstances of the crime of this case, the circumstances after the crime of this case, the age of the defendant, sexual conduct, environment, etc., the punishment of the defendant sentenced by the court below is too unreasonable.

3. If so, the defendant's appeal is reasonable, 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.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is as stated in the corresponding column of the judgment below (Article 369 of the Criminal Procedure Act). Application of the law is as stated in the applicable column of the judgment below.

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. 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. Order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;