The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year and six months) of the lower court is too unreasonable.

2. In light of the fact that the defendant's blood alcohol concentration at the time of drinking alcohol driving, the defendant was punished several times for the same kind of crime, and the defendant committed the crime of this case during the period of suspension of execution, etc., the crime of this case by the defendant shall be subject to criticism.

However, in full view of all the sentencing conditions, including the defendant's age, character and conduct, environment, circumstances after the crime, etc., the sentence of the court below is too unreasonable, considering the fact that the defendant was committed in this case and against the mistake, there are circumstances to consider the crime in this case, equity in sentencing with the same or similar cases, and other various sentencing conditions such as the defendant's age, character and conduct, circumstances after the crime.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

【Reason used in multi-level] Criminal facts and summary of evidence recognized by the court and summary of the facts constituting the crime and summary of evidence are as stated in each corresponding column of the judgment of the court below. 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, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Prior to the reasons for imposing selective sentence of imprisonment, the sentence shall be determined as per the Disposition, taking into account various sentencing conditions as seen earlier.