The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

1. The sentence (6 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. The circumstances are favorable to the defendant, such as the fact that the defendant recognized the crime of this case and reflects the depth of the defendant, that the distance from driving alcohol is not about 50 meters, that the defendant has supported the workplace life in good faith, and that if the defendant is detained, his family's livelihood will be very difficult.

However, the crime of this case is that the defendant drives a vehicle while under the influence of alcohol 0.127% in alcohol, and the nature of the crime is poor in light of the degree of driving, and the current Road Traffic Act provides that a person who has violated the prohibition clause on drinking more than twice in order to prevent driving under the influence of alcohol that threatens the safety of traffic on the road and to realize awareness about it, shall be punished more strictly when driving under the influence of alcohol again, and the defendant has been punished twice prior to the crime of this case (one time a punishment, one time a suspended sentence), and in particular, the defendant committed the crime of this case during the suspension period of the execution of a traffic accident due to drinking, and in full view of all of the sentencing conditions of this case, such as the defendant's age, family relation, criminal record, relationship, sex, environment, means and method of the crime, motive and circumstance of the crime, etc., it is acknowledged that the court below's sentence is somewhat unfair.

3. Since the prosecutor's appeal is with merit, 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.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.