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 summary of the grounds for appeal is unreasonable because the sentence (7 million won in penalty) imposed by the court below on the defendant is too unfasible.

2. The Defendant acknowledges and reflects the instant crime, and does not repeat the instant crime by scrapping the vehicle that he/she has driven.

However, drinking driving is a crime that may infringe on the lives and bodies of not only the driver but also the citizens using the road, and there is a need for strict punishment.

Despite the fact that the defendant had been punished for the same kind of crime, the defendant committed the crime of this case at another time, the defendant's blood alcohol concentration at the time of driving was considerably high by 0.203%, and the actual defendant caused an accident in which he was able to separate the center due to driving of the drinking of this case, etc., are disadvantageous to the defendant.

In full view of the above circumstances and other circumstances that led to the instant crime, including the background and motive leading up to the instant crime, the circumstances after the commission of the crime, the age of the Defendant, sexual conduct, family relationship, occupation, etc., and the conditions for the sentencing as shown in the records and arguments, the sentence imposed by the lower court is deemed unfair because the sentence imposed by the Defendant is too unfeasible and unfair. Therefore, the prosecutor’

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 after pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is as stated in the corresponding column of each judgment below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of penalty;