The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. The decision of the court below (one year and six months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. Determination is that the Defendant has already been punished four times, including the previous convictions due to the crime of violating the Road Traffic Act (drinking) and the crime of violating the Road Traffic Act (drinking refusal of drinking), and each of the instant crimes is disadvantageous to the Defendant, even though the Defendant was issued a summary order of KRW 5 million due to the crime of violating the Road Traffic Act (drinking) on May 11, 2017, which was a fine of KRW 5 million on August 10, 2017. The Defendant committed another crime on November 1, 2017, which was being investigated due to the crime on the above date, and the degree of his driving at the time of each of the instant crimes is considerable.

However, the defendant recognized each of the crimes of this case, and the defendant seems to have committed a second offense by breaking his wrongs, such as scrapping of vehicles after each of the crimes of this case, etc., and the fact that the defendant has no criminal record due to the same kind of crime is favorable to the defendant.

In full view of the above circumstances and the Defendant’s age, sex, environment, and circumstances after the commission of the crime, the lower court’s punishment is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.

[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, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

1.Articles 40 and 50 of the Criminal Code of Trade and Trade (by date.