The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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 (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The judgment is an unfavorable circumstance to the defendant, such as the fact that the defendant had been punished twice due to the same crime, and that the defendant has been running a drinking-free driving for a long time after the completion of the suspended period due to the same crime.

On the other hand, the fact that the defendant repents and reflects his wrong, that there are family members to support the defendant, and that the driving distance is relatively short is favorable to the defendant.

In addition, considering all the sentencing conditions shown in the instant case, such as the defendant's age, character and conduct, environment, circumstances after the crime, and circumstances after the crime, it is deemed that the sentence of the lower court is too unreasonable.

Therefore, the defendant's above assertion is justified.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.

【The part of the judgment rendered in multiple times】 Criminal facts recognized by the court in charge of criminal facts and summary of evidence and summary of evidence are the same as the entries of each corresponding column of the judgment of the court below. Thus, they are quoted as it is in accordance with Article 369

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. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration in favor of the determination under paragraph (2));

1. The sentencing conditions as examined in the determination of Article 62-2(2) of the Criminal Act with regard to the reasons for sentencing under Article 62-2 of the same Act shall be determined as the order.