The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.

1. The sentence of the lower court against the accused (six months of imprisonment) is too unreasonable.

2. The judgment of the court below is based on the facts that the defendant had been punished four times or more, including the suspended sentence, due to the crime of drunk driving as stated in this case, even though he had the record of being sentenced to punishment due to the crime of drunk driving as stated in this case, and again, he is highly likely to criticize the crime of drunk driving in this case. In light of the fact that the numerical value of the blood alcohol concentration in this case is relatively high than 0.104%, strict punishment against the defendant is necessary.

However, it seems that the defendant's mistake is against his own mistake while committing the crime of this case, and the risk of drinking driving seems to have been significantly differentiated through the life of confinement in the middle of two months. The case constitutes the so-called "nive driving", and the defendant's company fees are not connected with traffic accidents, and the defendant's age, character, occupation, occupation, environment, family relationship, motive, means and consequence of the crime of this case, etc., the above punishment sentenced by the court below is too unreasonable, considering all the sentencing conditions stated in the records of this case, such as the defendant's age, character, occupation, environment, family relation, motive, means and consequence, etc.

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.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 of the Criminal Act for discretionary mitigation.