The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The judgment of the court below that did not issue probation when considering the following circumstances: (a) the defendant's erroneous judgment on the prosecutor's assertion of unfair sentencing is recognized; (b) the defendant has no criminal record exceeding the fine; (c) the defendant has been punished more than twice due to drinking driving; and (d) the defendant has been punished more repeatedly from 2007 to 2009 by drinking and driving without a license; and (e) the defendant has been subject to special care and continuous observation was necessary to prevent recidivism even if the execution of the sentence is suspended at this time; and (e) other factors indicated in the records and arguments of this case including the defendant's age, character and behavior, health, home environment, blood alcohol concentration level; (d) details of the crime and circumstances after the crime, etc., the court below's sentence of suspended sentence is too 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 evidence admitted by the court is the same as the corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspension of execution ( considered as favorable circumstances in the judgment on the grounds for reversal);

1. Probation, community service or order to attend lectures under Article 62-2 of the Criminal Act;