The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to KRW 10 million) is too uneasy and unreasonable.

2. The judgment is the circumstances favorable to the defendant, such as the fact that the defendant is a person to commit the instant crime and reflects the fact that the distance of the defendant's driving of drinking is about 3 km, and the alcohol concentration in blood is not high by 0.063%, and that the defendant has a dependent on the defendant.

On the other hand, the Defendant habitually committed a non-exclusive license for drinking, such as having the same criminal record five times or more, committed the instant crime during the repeated crime due to a non-exclusive license for drinking, and brought about the risk of undermining the lives and bodies of the citizens who use the road as well as the Defendant due to the habitually driving of drinking, and the actual occurrence of a traffic accident while driving the instant drinking is disadvantageous to the Defendant.

Considering the above circumstances and all of the sentencing conditions shown in the records and arguments of this case, such as the defendant's age, sex, environment, and circumstances after the crime, the sentence sentenced by the court below is deemed unfair because it is unfunched.

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 it is again decided as follows after pleading.

【Inasmuch as the facts constituting a crime and the summary of evidence recognized by the court are as stated in the corresponding column of the judgment below, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

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

1. Selection of imprisonment with prison labor chosen;

1. Aggravation of repeated crimes;