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 summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (six months of imprisonment) is too unreasonable.

2. Although the Defendant had had the history of criminal punishment on three occasions due to driving of alcohol, again committed the instant crime, and the degree of alcohol concentration in blood is high.

However, the defendant would not drive drinking again when he reflects his mistake.

In light of the fact that the vehicle is disposed of to practice, the last crime of drinking driving before the instant case and the crime of this case are at an interval of about three years, and the Defendant’s family members and scambling their wife while leading the Defendant, it is necessary to suspend the execution of imprisonment only once, and to give the Defendant an opportunity to improve the control of drinking habits by taking a compliance driving instruction.

Since the court below's punishment is somewhat inappropriate, it seems that the punishment is unfair.

3. As such, the defendant'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 the defendant's appeal is again decided as follows.

【Grounds for a new judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and the gist of evidence are identical to the facts stated in each corresponding column of the judgment below. Thus, they are cited by Article 369 of the Criminal Procedure Act

Application of Statutes

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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

1. Article 62 (1) of the Suspension of Execution;

1. An order to attend a course under Article 62-2 of the Criminal Act;