The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable, due to the summary of the grounds for appeal.

2. The blood alcohol concentration ratio in the judgment is not lower than 0.093%, and the defendant has a record of being punished several times for the same crime (which has a record of being sentenced to suspended execution on or after 2014) is disadvantageous to the defendant.

However, considering all favorable circumstances, including the fact that the defendant recognized the crime of this case and did not repeat the crime, the risk of traffic accidents caused by drunk driving has not been realized, and the fact that the defendant has been living under custody for more than two months due to this case, and that he supported his wife and children, etc., the defendant's favorable circumstances and the defendant's age, character and behavior, environment, background and method of the crime, circumstance after the crime, criminal record relation, etc., the sentence imposed by the court below is unreasonable.

3. As such, the defendant'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.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered in the preceding favorable circumstances);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the forward consideration shall be repeatedly given in favor of the former);

1. The grounds for appeal for the sentencing of Article 62-2(1) and 62-2(2) of the Criminal Act shall be taken into consideration in full view of all the circumstances, including the circumstances described in the argument of this case, including the following circumstances.