The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. The Defendant had a record of being punished several times due to drinking or unlicensed driving, and on May 2, 2012, sentenced to imprisonment for 6 months and 1 year of suspended execution, and committed the instant crime during the period of suspended execution.

However, the defendant's attempt not to repeat a crime with his depth, and it does not cause a traffic accident due to drinking driving.

At the time of the instant crime, the Defendant’s blood alcohol concentration was relatively lower than 0.087%.

In consideration of the fact that the defendant was active as Eddton players and had lived in good faith at an elementary school before being detained in the instant case, and the defendant's age, character and conduct, environment, and family leading intention, all of the sentencing conditions shown in the records and arguments in the instant case, the punishment sentenced by the court below is unreasonable.

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

Application of Statutes

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered in the preceding favorable circumstances);

1. Article 62 (1) of the Criminal Act (Consideration favorable circumstances in the front);

1. Article 62-2 (1) of the Criminal Act concerning orders to provide community service and attend lectures;