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 sentence imposed by the court below (six months of imprisonment) shall be excessively unreasonable.

2. The judgment of the defendant has the ability to punish the defendant for the same crime, and the fact that he/she is going to commit the crime of this case during the suspension period of execution due to driving without a license is disadvantageous.

However, the defendant's blood alcohol content at the time of the crackdown is not significantly high to 0.075%, and the defendant's blood alcohol content at the time of the crackdown seems to cause difficulty to his/her family members. The defendant seems to have been given an opportunity to reflect against his/her family members through confinement between about three months, and considering various sentencing conditions stipulated in Article 51 of the Criminal Act, such as his/her age, character and behavior, environment, motive, means and consequence of the crime, circumstances before and after the crime, etc., the defendant's punishment imposed by the court below is deemed to be too unreasonable. Thus, the defendant's assertion is justified.

3. Accordingly, according to the conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is again decided after pleading.

【Reasons for the Judgment of the Supreme Court which has been written] The criminal facts against the defendant 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 provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving), subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment imposed on a person who commits a violation of the Road Traffic Act with heavier punishment);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;