The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.

2. The Defendant already committed three times (2003, 2005, and 2018) a crime of drinking alcohol and a crime of repeated drinking.

It was not clear that it was re-offending during the period of probation of imprisonment due to drinking driving.

Since the blood alcohol concentration is high, driving distance is long, and it is discovered that the driver stops and locked the vehicle on one lane on the road, the risk caused by the drinking driving cannot be considered to be somewhat.

In addition to drinking driving, a number of persons were punished for driving without a license, and the suspension of the execution of imprisonment was sentenced.

Pronouncement of sentence is inevitable.

However, after committing the crime of this case, the defendant is able to repent and reflect his mistake in depth.

It was also withdrawn from the workplace where the crime of this case was committed.

It seems clear that there are families to support the defendant, and the family members want to support the defendant again, and social ties seems to be clear.

It is not good that the spouse is currently suffering from crymosis and urine disease, and the defendant is suffering from crymosis.

In addition, considering the age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, the sentence of the court below against the defendant is too unreasonable.

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.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;