The judgment of the court below is reversed.

The punishment of the accused shall be determined by six months of imprisonment.

provided that this ruling has become final and conclusive.

Summary of Grounds for Appeal

The punishment of the court below (six months of imprisonment) is too unreasonable.

Judgment

The fact that the defendant has already been punished twice due to drinking driving, the blood alcohol concentration of the defendant is 0.224%, and the occurrence of traffic accidents during drinking driving is an unfavorable sentencing factor.

However, considering the following factors: (a) the Defendant’s mistake recognized by himself/herself, and the fact that the Defendant has no record of being sentenced to a suspended sentence or a heavier punishment, etc.; and (b) other various sentencing materials presented in the pleadings, such as the background of the instant crime, circumstances after the instant crime, the Defendant’s age, character and conduct, etc., the lower court’s punishment is deemed unreasonable, and thus, the Defendant’s assertion

3. Since the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision shall be rendered after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;