The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

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

2. The Defendant’s blood alcohol content is not lower than 0.128%, and the Defendant’s blood alcohol content is less than 0.128%, and the Defendant was punished for the suspension of the execution of imprisonment due to drunk driving is two times, and even during the repeated crime period due to the violation of the Military Service Act, the Defendant committed another crime. However, considering the Defendant’s age, character and conduct, environment, motive, means and consequence of each of the instant crimes, and the circumstances after the crime, the lower court’s sentence against the Defendant is somewhat heavy.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the defendant is well-grounded.

[Discied Judgment] Criminal facts and summary of evidence recognized by the court are identical to each corresponding column of the judgment of the court below, and such facts are cited as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2 (2) 2 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018; Act No. 1530, Jun. 25, 2019);

1. Selection of imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act among repeated crimes;

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