The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

Summary of Grounds for Appeal

The sentence of the court below against the defendant (six months of imprisonment) is too unreasonable.

Judgment

The Defendant, including the instant case, was subject to a strict punishment in that he committed the crime of drinking alcohol three times in February 2013, but the Defendant was punished for the crime of violation of the Road Traffic Act prior to the instant crime only once in 2008. The three-time driving on February 2013 is between the blood alcohol alcohol level of 0.06-08% and the three-time driving on February 2013. The Defendant was detained for three months or more in the instant case, and his family’s livelihood is difficult, the Defendant’s age, character and conduct, environment, circumstances following the instant crime, etc., and all the sentencing conditions indicated in the instant records and arguments are inappropriate.

Thus, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is reasonable, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to each corresponding part of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (the consideration of favorable circumstances among the reasons for reversal in the preceding way);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the above conditions);

1. It is so decided as per Disposition on the grounds of Article 62-2 of the Criminal Act or more of community service and order to attend lectures;