The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

1. The summary of the grounds for appeal is unreasonable because the sentence of the lower court (a fine of six million won) is too unhued.

2. The circumstances favorable to the defendant, such as the fact that the defendant recognized his/her criminal act and reflects the wrongness, and the fact that he/she received a summary order of a fine of KRW 2.5 million on February 27, 2005 due to drinking driving, there is no record of punishment for the same kind of crime.

However, as stated in the judgment of the court below, the defendant was driving a drinking again immediately after the control of drinking.

The blood alcohol content at the time of each drinking driving of this case is 0.164% and 0.201% respectively.

On January 3, 2012, the Defendant was sentenced to a suspension of the execution of four months of imprisonment with prison labor for the crime of bodily injury, and was running each of the instant drinking driving during the suspension period.

All these circumstances are disadvantageous to the defendant.

In addition to this point, in full view of various circumstances, such as the age, character and conduct, intelligence and environment of the defendant, motive, means and consequence of the crime, the circumstances after the crime, etc., it is recognized that the court below's sentence of the fine to the defendant is too uneasible and unreasonable.

3. In conclusion, the prosecutor'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 it is decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of driving under the influence of alcohol on April 20, 2012, the choice of imprisonment), Article 148-2 (2) 1, and Article 44 (1) of the Road Traffic Act (the point of driving under the influence of alcohol on April 21, 2012, the choice of imprisonment) concerning criminal facts;

1. The punishment of the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, which is heavier than that of the aggravated concurrent crimes, is as of April 21, 2012;