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 following facts are taken into account: (a) the Defendant’s wrong judgment on the prosecutor’s assertion of unfair sentencing is divided; (b) the Defendant’s blood alcohol concentration level was not high by 0.063%; and (c) the occurrence of traffic accident in this case does not occur; (c) drinking driving is not less less than that of a crime which is highly dangerous to infringe another’s life, body, and property; (d) the Defendant has been punished for drinking driving several times in the past; and (e) in 2009, the Defendant has been under suspension of 6 months of imprisonment with prison labor due to the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused by Dangerous Driving) for 40 hours; (c) it appears that there is a risk of Defendant’s driving practice in light of the aforementioned past records; and (d) considering all the records and arguments of the sentencing indicated in the instant case including the Defendant’s age, character and behavior, circumstances, circumstances, and circumstances after the crime, the lower court’s imprisonment is unfair.

2. 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.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the original judgment, and 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 and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 62 (1) of the Criminal Act on the suspended execution (average circumstances in favor of the grounds for reversal of this case);

1. Probation and community service order under Article 62-2 of the Criminal Act;