The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) of the lower court is too unreasonable.

2. In light of the arguments of this case and the reasons for sentencing indicated in the records, such as the fact that the defendant reflects the mistake through a prison life for more than two months, the crime of this case was driven by the defendant under the situation that the defendant was not resolved by the night of the preceding day, and there are some circumstances to consider the circumstance that the defendant driven in the situation that the defendant was not resolved by the night of drinking, the defendant had been sentenced one time to a suspended sentence of imprisonment due to the same crime, but this was 20 years or more, and there was no record of punishment exceeding the fine, etc., the court below's punishment seems to be unfair because it seems that the defendant's allegation of unfair sentencing is reasonable.

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

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence are identical to facts constituting a crime and summary of evidence recognized by the court, and the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article

Application of Statutes

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;