The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

1. Summary of grounds for appeal;

A. In full view of the following circumstances: (a) the Defendant was punished for drinking driving three times on December 28, 201 by the Prosecutor; (b) the Defendant, who was convicted of driving under the influence of alcohol on December 28, 201, did not reflect the fact that he was tried for driving under the influence of alcohol on February 11, 2020; and (c) the nature of the crime is very poor, the Defendant’s imprisonment (one year of imprisonment) is too unfluent and unfair.

B. In full view of the circumstances such as the defendant's violation of the law and the defendant's punishment for the same kind of power was imposed for 6 years prior to the date of the instant case, and there was a family member to support, the sentence of the court below is too unreasonable.

2. The judgment is against the defendant and there are favorable circumstances, such as the fact that there is a family member to support.

However, the defendant was punished three times due to drunk driving (1 million won in 2010, 3.5 million won in 2013, 3.5 million won in 2014, and 2 years in suspension of execution in 2014). Even after the revision of the Road Traffic Act by a social agreement demanding a severe punishment for drunk driving, it is reasonable to impose the defendant on a severe punishment on December 11, 2020 while he was under trial after he was under control on driving under the influence of alcohol on December 28, 2019.

In addition, considering the character, conduct, environment, motive, means and consequence of the crime of the defendant, the sentence of the court below is too unfeasible and unfair.

3. The judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following judgment is rendered after pleadings since the defendant's appeal for judgment is without merit and the prosecutor's appeal

(2) The court below's decision on the ground that the defendant's appeal is dismissed is without merit as long as the court below's appeal is accepted by the prosecutor, and the judgment on the appeal is reversed.