The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

1. The summary of the grounds for appeal (e.g., a fine of eight million won) imposed by the lower court is too uneased and unreasonable.

2. Determination

A. It is recognized that the Defendant led to confession of and reflects on the instant crime, that the blood alcohol concentration at the time of driving of the instant case was not significantly higher than 0.084%, and that he would not repeat the instant crime.

B. However, in full view of all the circumstances such as the Defendant’s character, character and environment, the background and result of the instant crime, the circumstances after the instant crime, etc., and the sentencing conditions specified in the records and pleadings, the sentence of the lower court is too uncompeted, and it is deemed unfair in full view of the following circumstances: (a) the Defendant was under the influence of criminal punishment several times due to the violation of the Road Traffic Act; (b) the Defendant was sentenced to imprisonment for 10 months on April 11, 2013 or a 2-year suspended sentence despite being sentenced to imprisonment for the commission of an act that causes the injury of another person while driving without a license; and (c) the driving under the influence of alcohol may cause the injury of other person’s life and property; and (d) the sentence imposed by the lower court is too uncompeted.

C. Therefore, the prosecutor's above assertion is with merit.

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 again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted 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 Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Suspension of execution under Article 62 (1) of the Criminal Act ( considered for repeated consideration of favorable circumstances among the grounds for reversal of the above judgment);

1. The main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;

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