The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The main point of the grounds for appeal is that the lower court’s punishment (three years of suspended execution for one year of imprisonment, and forty hours of probation and compliance driving curriculum) is too uneased and unreasonable;

2. The judgment of the Defendant recognized his mistake, and there was no additional damage, such as traffic accidents, and the fact that the Defendant’s blood alcohol concentration at the time of the instant case was relatively high to 0.07% is favorable.

However, the defendant was sentenced to a fine several times due to the crime related to the violation of the Road Traffic Act, and the judgment was finalized on July 1, 2009 after he was sentenced to two years of suspended sentence and forty hours of attending the compliance driving instruction on June 23, 2009 by causing a traffic accident while driving under the influence of alcohol. After the judgment became final on April 16, 201, the defendant was sentenced to two years of suspended sentence on August 9, 201 and was sentenced to two years of suspended sentence on August 17, 2011 while driving under the influence of alcohol and became final on August 17, 2011, the defendant committed the crime in this case while the judgment became final and conclusive on August 17, 2011, it is disadvantageous that the crime in this case was committed under the suspension of execution, the circumstances, age of the defendant after the crime in this case, the defendant's age, personality, behavior, environment, etc., and thus, it is difficult to expect any further suspended sentence.

3. In conclusion, the prosecutor'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.

Criminal facts

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

Application of Statutes

1. Relevant laws concerning criminal facts, subparagraph 1 of Article 152, Article 43 of the Road Traffic Act, and the Road Traffic Act;