The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for a period of two years, community service, 160 hours, and 40 hours during a compliance driving course) that the court below sentenced is too uneasible and unreasonable.

2. The circumstances are the following: (a) the Defendant, while recognizing and opposing the instant crime, seems not to have committed the instant crime; (b) there are no other criminal records except the violation of the Road Traffic Act; and (c) the Defendant appears to have been able to lead a sincere life and volunteer activities, etc. as the most faithfully within one house.

However, the crime of this case was conducted without a license when a license was revoked due to a drunk driving, and the blood alcohol level at the time was high to 0.150%, and the accident was attempted to circumvent the drinking control site, and the social consensus on the risk and seriousness of a drunk driving has been reached, and the legal penalty has been significantly increased, and the defendant had been punished eight times as a violation of the Road Traffic Act, and the history of the criminal punishment was reached eight times, and the suspension of the execution of a drunk driving is also two times, which are disadvantageous to the defendant.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, the background and motive leading to the instant crime, and the conditions of sentencing as shown in the instant records and arguments, the lower court’s punishment is deemed to be too uneasible and unfair.

Therefore, the prosecutor's argument of unfair sentencing is justified.

3. As such, 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.

【Reason used in multi-level] Criminal facts and summary of evidence recognized by the court are identical to the facts constituting the crime and summary of evidence, and thus, the summary of evidence is identical to the corresponding column of each judgment of the court below. Thus, it is citing it as it is in accordance with Article

Application of Statutes

1. Relevant provisions concerning facts constituting an offense;