The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.

2. On November 8, 2015, the alcohol concentration in the blood transfusion of a drinking driver is 0.163% and considerably high, and the Defendant is not enough to commit the crime by driving the instant three drinking immediately after the criminal procedure due to driving of drinking is in progress or immediately after the completion of the criminal procedure.

In addition, the defendant has three times each of the records of punishment for drinking driving and non-licenseing driving.

However, the Defendant is against the charge, and the alcohol content during the blood driving on December 19, 2015 and December 27, 2015 is not high as 0.061%,00%, and 0.057%, respectively, and the Defendant is able not to repeat the charge, such as selling vehicles.

In addition, in full view of various circumstances, including the Defendant’s age, environment, occupation, and circumstances after the crime, the lower court’s punishment is unreasonable as it is unreasonable.

3. The decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the corresponding column of the judgment below, and thus, the summary of the facts and evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;