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. Summary of the grounds for appeal and the sentencing (a fine of five million won is imposed in the original trial);

2. The lower court determined that the Defendant was sentenced to a fine by taking account of the favorable circumstances, such as the fact that the Defendant led to an offense and was sentenced to punishment for drunk driving, and that the distance of driving is about 1km, etc. However, the Defendant driven a road on which traffic volume was frequent (0.140%) while drinking driving committed in September 1, 2017, which was committed in September 1, 2017, and re-offending the same kind of crime during the period of disqualification for suspended sentence (6 months of imprisonment and 2 years of suspended sentence) for which the judgment became final and conclusive on September 1, 2017.

Therefore, the prosecutor's assertion of unfair sentencing is accepted.

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.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is the same as that of each corresponding column of the judgment below. Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2 (2) 2 and Article 44 (1) of the former Road Traffic Act (amended by Act No. 15530, Mar. 27, 2018; Act No. 15530, Mar. 28, 2019);

1. Article 62 (1) of the Criminal Act;

1. Taking lectures and community service orders under Article 62-2 of the Criminal Act;