The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

1. Summary of reasons for appeal: The punishment sentenced by the court below (one year of imprisonment) which is unfair in sentencing is too unreasonable.

2. In light of the fact that the driving of judgment is a serious criminal threatening not only to himself but also to the life, body, and property of other persons and his family members, the defendant had been convicted of the crime of this case even though his previous conviction due to driving of alcohol and refusal to measure drinking had already been three times or more, and the defendant had a very high level of alcohol level of 0.203% among the blood of the defendant at the time of the crime of this case, it is necessary to strictly punish the defendant.

However, in light of the following facts: (a) if the Defendant’s imprisonment is finalized in this case, the Defendant appears to suffer any disadvantage in status; (b) the Defendant was not subject to a suspended sentence or heavier punishment; and (c) the Defendant was sentenced to a fine of KRW 2 million on April 27, 2007 by road traffic law violations in the official branch of the Daejeon District Court; and (d) was living for a considerable period after having been sentenced to a fine of KRW 2 million on April 27, 2007, until the instant crime was committed; (b) the Defendant’s age, sex, environment, motive and means of the crime; and (c) the motive and means of the crime; and (d) the circumstances before and after the crime, all the sentencing conditions

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the corresponding part of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. As seen in the part of the judgment on the grounds for sentencing of Article 62-2 of the Criminal Act on the observation of protection and order to attend lectures.