The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

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

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.

The crime of violating the Road Traffic Act as stated in the judgment below is a crime falling under Articles 148-2(1)1 and 44(1) of the Road Traffic Act, and the statutory penalty is a imprisonment of not less than one year but not more than three years, or a fine of not less than 5 million won but not more than 10 million won, and thus, if the defendant intends to sentence a punishment of less than one year, he/she shall have to have reduced the amount of punishment pursuant to Articles 53 and 55(1)3 of the Criminal Act.

In this regard, the lower court sentenced the Defendant to six months of imprisonment with prison labor and omitted the reduction of the amount of reduction in the application of statutes.

Therefore, the judgment of the court below cannot be maintained any more because it erred by sentencing a sentence violating the minimum statutory penalty.

3. In conclusion, the judgment of the court below is reversed ex officio pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and it is again decided as follows through pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62(1) of the Criminal Act of the Suspension of Execution (refluence of favorable circumstances among the reasons for sentencing as follows) provides that the amount of alcohol content among the reasons for sentencing is considerably higher than 0.202%, and the fact that the defendant has been punished several times for the same crime is disadvantageous to the defendant.

However, the defendant is the case.