The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

except that, for three years from the date this judgment becomes final and conclusive.

1. The main point of the grounds for appeal is that the court below's imprisonment (two years of imprisonment) is too unreasonable.

2. Determination driving is a very dangerous crime that may cause unexpected behaviors not only one person but also another person's life and family by raising the possibility of a traffic accident, and thus, is bound to bear strict responsibility for such acts in order to prevent such a crime. Although the defendant had already been punished for the same kind of crime, he/she again commits the instant crime; the defendant's blood alcohol concentration was high at the time of committing the instant crime; and the driving distance was 20km as well as the blood alcohol concentration of the defendant at the time of committing the instant crime; etc., which is disadvantageous to the defendant.

However, in full view of the following circumstances: (a) the Defendant’s mistake in depth during the period of detention for approximately three months; (b) there was no history of punishment heavier than that of a fine for the same kind of crime; (c) circumstances favorable to the Defendant, such as the occurrence of no personal or physical accidents, etc.; and (d) the time interval with the previous criminal act; (d) the motive, background, means and method of the instant crime; (e) the circumstances before and after the instant crime; and (e) the Defendant’s age, character, behavior, career, environment, etc. as shown in the argument of the instant case

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

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by this court are all the same as that of each corresponding column of the judgment below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution;