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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
1. Summary of grounds for appeal: misunderstanding of legal principles and unreasonable sentencing
A. The summary of the misapprehension of the legal doctrine’s assertion is that the Defendant driven Franb while under the influence of 0.158% of blood alcohol level on November 3, 2018. As such, Articles 148-2(2)2 and 44(1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018; hereinafter “former Road Traffic Act”) should be applied.
Therefore, the judgment of the court below which convicted the defendant by applying Articles 148-2 (2) 1 and 44 (1) of the former Road Traffic Act to the crime of violation of the Road Traffic Act.
B. The sentence imposed by the lower court (eight months of imprisonment) on the summary of the allegation of unfair sentencing is too unreasonable.
2. First, we examine the Defendant’s assertion of misapprehension of the legal doctrine.
Article 148-2 (2) of the former Road Traffic Act provides that "A person who drives a motor vehicle, etc. or tram while under the influence of alcohol in violation of Article 44 (1) shall be punished in accordance with the following classification." Article 148-2 (2) 1 of the same Act provides that "a person whose blood alcohol level is not less than 0.2 percent shall be punished by imprisonment with prison labor for not less than one year but not more than three years, or a fine not less than 5 million won but not more than 10 million won," and Article 148-2 (2) 2 of the same Act provides that "a person whose blood alcohol level is not less than 0.1 percent but less than 0.2 percent shall be punished by imprisonment with prison labor for not less than six months and not more than one year, but not more than five million won, or a fine not more than five million won shall be punished by the application of Article 148-2 (2) 1 of the former Road Traffic Act and Article 58-3 (1) of the same Act shall apply again to the defendant under Article 5(3) of the Act.