The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than three months.

1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (five million won of a fine) is too unhued and unfair.

2. The judgment appears to have some of the circumstances to consider the defendant's family environment, but it is recognized that the defendant has recently been subject to a fine of 3 million won due to a drunk driving in 2009, a fine of 5 million won due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury resulting from Dangerous Driving), a violation of the Road Traffic Act in 2010, and a violation of the Road Traffic Act (driving). The defendant committed the same crime of this case during the suspension period of 6 months after he was sentenced to 2 years of the suspension of the execution of the imprisonment in Gwangju District Court on October 25, 201, in the judgment on the violation of the Road Traffic Act (unafter the accident) as the crime of violating the Road Traffic Act (unafter the accident) in consideration of the "the fact that the defendant drives the alcohol at that time".

The occurrence of a traffic accident (material damage) by a defendant's drinking driving act, and the defendant was driving beyond the central line under the influence of alcohol at the time of this case, and the attitude of the driver's driving act is very dangerous.

Considering the fact that the defendant's blood alcohol concentration is very high as 0.189% as a result of the measurement of drinking water, and the overall sentencing conditions, such as the defendant's age, character and conduct, environment, and circumstances before and after the crime, the sentence imposed by the court below is deemed to be somewhat uneasible and unfair, the prosecutor's above assertion is reasonable.

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 decided as follows.

Criminal facts

The summary of facts and evidence recognized by the court is the same as that of each 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. Criminal facts;