The judgment of the court below is reversed.

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

1. The punishment of the lower court (two years of imprisonment) for an appeal is too unreasonable.

2. In light of the Defendant’s blood alcohol concentration, driving distance, and detection circumstance, it is necessary to punish the Defendant, in particular, in light of the fact that the Defendant committed each of the instant crimes during the period of suspension of the execution of drinking driving and the period of probation (the period in which one year and one month elapsed since a suspended sentence was imposed due to drinking driving).

However, the lower court’s punishment seems to be somewhat unreasonable if it examines all the conditions of sentencing indicated in the record, such as the Defendant’s age, character and conduct, environment, circumstances after the crime, and circumstances after the crime, including the fact that the Defendant has recognized all the crimes of this case, and that he/she has expressed his/her intent not to repeat crimes, such as disposal of vehicles operated at the time of this case, and that no sentence has been imposed, including the same kind of crime.

Therefore, the defendant's assertion of unfair sentencing is justified.

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

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting the offense and summary of evidence, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances in the above) of the mitigated amount;