The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the period of two years from the date this judgment becomes final and conclusive.

1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.

2. The current Road Traffic Act provides that a person who has violated the prohibition clause on drinking more than twice in order to prevent the driving of drinking, which threatens the safety of traffic on the road, and to realize the awareness of such a violation, shall be punished more strictly in the event that the person once again drives the drinking, and the Defendant has the record of being punished five times or more due to the driving of drinking even before the instant case, the occurrence of the self-driving accident during the instant driving of drinking, and the concentration of alcohol during the driving of drinking is considerably higher than 0.168%, which are disadvantageous to the Defendant.

However, the fact that the Defendant recognized the instant crime, the Defendant appears to have been given an opportunity to reflect while living in custody for about two months in the instant case, the Defendant did not have been punished in excess of the fine, and the Defendant’s intention to open the vehicle while disposing of the vehicle used for the instant crime is considered to be favorable to the Defendant.

In full view of the various sentencing conditions indicated in the instant case, including the circumstances unfavorable to the Defendant as above and favorable to the Defendant, such as the Defendant’s age, sex, environment, circumstances after the commission of the crime, and social ties, 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 is identical to the facts stated in each corresponding column of the judgment below, thereby citing them as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 62 of the Criminal Act: