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 sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The fact that the defendant's drinking water is considerably high at 0.13%, and that the crime is not good, such as the control of diving on the road, and that the defendant has a record of being sentenced to a suspended sentence once due to the same crime, and a fine once due to the same crime, is disadvantageous.

However, the fact that the defendant's mistake is recognized and against it, that the drinking driving does not lead to an accident, that the defendant's symptoms such as proof of alcoholic content, etc., that the defendant's family and branch members want to leave, that the defendant's family and branch members want to scrap, and that it is advantageous that the motor vehicle will be disposed of.

In full view of the above circumstances and the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and all of the sentencing conditions stated in the arguments and records of this case, the sentence of the court below is somewhat inappropriate.

Therefore, the defendant's assertion of unfair sentencing is justified.

3. As such, the defendant'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.

【Reasons for the Judgment of the Court which has been written] The summary of facts constituting a crime and evidence recognized by the court is the same as that of each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act

Application of Statutes

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;