The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

except that the ruling shall be made for one year from the date of the final judgment.

1. The sentence of the lower court against the accused (six months of imprisonment) is too unreasonable.

2. The crime of this case is deemed to require a strict punishment for the defendant in light of the fact that the defendant driven a car in the state of drinking alcohol concentration of 0.121% and the nature and circumstances of the crime are not good, that the defendant had been punished four times due to drunk driving, that the defendant committed the crime of this case, which is the same kind of crime, even though he had been punished four times, including the suspended sentence of imprisonment due to drunk driving, and that the defendant's blood alcohol concentration is considerably high. However, the defendant's act of this case is deemed to have a significant degree of alcohol concentration. Meanwhile, the defendant confessions all of the crime of this case, and seems to have an opportunity to reflect against his living in close custody for two months, and there is no history of punishment for the defendant, and the defendant's act of drinking alcohol is not deemed to have caused any particular traffic obstacle due to the defendant's drunk driving, and the defendant's health seems not good, and the defendant's age, age, character and behavior, family relationship, and circumstances after the crime of this case are too unfair.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court 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 the Crime and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act that choose the penalty for a crime;