The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

except that, for two years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (e.g., imprisonment for not less than eight months and suspension of execution for two years, and 40 hours of order to attend a compliance driving course) of the lower court is deemed to be too uneasible and unfair.

2. Recognizing the instant crime, the Defendant appears to be against his mistake.

However, drinking driving is a crime threatening to the life and body of the defendant and the other person in light of the social danger and harm, and the blood alcohol concentration at the time of the crime of this case is considerably high to 0.171%, and the odometer also 20km. In particular, the defendant committed the crime of this case from around 2003 to 3 times without being aware of the fact that he committed the crime of this case without being aware of the past record of criminal punishment for the crime of violation of the Road Traffic Act (driving). Considering other factors such as the defendant's age, occupation, character, character, environment, family relationship, circumstances after the crime, etc., probation is deemed necessary for the guidance of the defendant, and since the court below's punishment is somewhat unreasonable, the prosecutor's allegation above is justified.

3. In conclusion, 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.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is the same as that of each corresponding column of the judgment of the court below. Thus, it is citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2 (1) 1 and Article 44(1) of the former Road Traffic Act (wholly amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

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

1. The main sentence of Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act, probation, etc.;