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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
Reasons
1. Summary of the grounds for appeal and the sentencing (in the case of original trial, eight months of imprisonment, two years of suspended execution, and forty hours of taking courses);
2. Although the Defendant’s blood alcohol level was relatively high (0.066%) but the Defendant’s blood alcohol level was extremely high (0.066%) in light of the fact that the Defendant’s blood alcohol level was extremely high (16:23) and the risk of committing the crime was high, and that the Defendant had the record of punishing forless driving, other than the previous offense at the time of the original trial, the lower court’s punishment is too low.
Therefore, I will accept the prosecutor's question that points out this issue.
3. If so, the prosecutor's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered after pleading.
[Judgment of the court below] The summary of facts constituting an offense and evidence recognized by the court below is cited as it is in accordance with Article 369 of the Criminal Procedure Act as stated in the corresponding column of the court below.
Application of Statutes
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018; Act No. 16037, Jun. 25, 2019);
1. Article 62 (1) of the Criminal Act;
1. Taking lectures and community service orders under Article 62-2 of the Criminal Act;