The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The summary of the grounds for appeal that the court below rendered against the defendant is too unhued and unfair.

2. The circumstances favorable to the Defendant are that the Defendant recognized and reflected the instant crime, and expressed the intent not to repeat the instant crime by disposing of one’s own vehicle, etc. while having committed the instant crime.

However, the crime of drinking driving is a crime that may infringe on the lives and bodies of citizens using roads as well as drivers.

At the time of the operation of the defendant, the alcohol concentration in blood was 0.161% higher than that of the blood at the time of the operation, and the defendant was driving with very dangerous factors such as balging under the influence of alcohol.

Although the defendant has been punished several times due to the same crime, such as suspended sentence, fine, etc., he/she committed the crime of this case during the period of repeated crime due to unauthorized driving, etc. is also disadvantageous to the defendant.

In full view of the above circumstances and other circumstances that led to the instant crime, including the background and motive leading up to the instant crime, the circumstances after the commission of the crime, the age of the Defendant, sexual conduct, family relationship, occupation, etc., and the conditions for the sentencing as shown in the records and arguments, the sentence imposed by the lower court is deemed unfair because the sentence imposed by the Defendant is too unfeasible and unfair. Therefore, the prosecutor’

3. In conclusion, the prosecutor'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 it is again decided as follows after pleading.

[Judgment] On September 20, 2007, the Defendant received a summary order of KRW 3 million as a crime of violating road traffic law (drinking driving) in the Seosan Branch of the Daejeon District Court on September 20, 2007, a fine of KRW 1.5 million as the same crime in the same court on January 21, 2010, and KRW 7 million as the same crime in the same court on March 5, 2012, respectively.

In addition, the defendant is Daejeon District Court on April 19, 2012.