The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and six months.

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

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor, 1 year of suspended execution, 3 years of suspended execution, 40 hours of education) imposed by the court below is too uneasible and unfair.

2. The following facts are the circumstances favorable to the Defendant: (a) the Defendant recognized the instant crime and reflects the Defendant; (b) the instant operational distance is relatively short of 150 meters; and (c) the Defendant is going to not repeat by selling a vehicle after the instant case, etc.

However, drinking driving is a crime that threatens the life and body of the defendant and another person in need of strict punishment in consideration of the social danger and harm, and the blood alcohol concentration at the time of the crime of this case is higher than 0.151%, and the defendant committed the crime of this case without being aware of the fact that he had been already subject to criminal punishment on six occasions due to the same kind of crime in the previous crime, and taking into account all the sentencing conditions specified in the records and arguments of this case, such as the defendant's age, occupation, character and conduct, environment, family relationship, circumstances after the crime, etc., it is determined that probation, etc. is necessary for the guidance of the defendant, and the court below's punishment is unfair, and the prosecutor's above assertion is with merit.

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 reasoning of the judgment] Criminal facts and summary of evidence recognized by the court are all the same as that of each corresponding column of the judgment of the court below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. The main sentence of Article 62 (1) of the Criminal Act under Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Probation, community service order and other matters;