The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. In light of the fact that the defendant, who had been punished several times due to the crime of the violation of the Road Traffic Act due to the act of driving under the influence of alcohol in this case, has shown the risk of recidivism, such as committing the crime of driving under the influence of alcohol in this case, and the degree of blood alcohol concentration is considerably high, and the circumstances after the crime are not good, it is necessary to punish the defendant with severe penalty corresponding to his responsibility.

However, considering the following factors: (a) the Defendant’s mistake was seriously reflected in the Defendant’s daily life in custody for two months at the time of committing the instant crime; and (b) the circumstances to take into account the background leading up to driving in drinking condition; and (c) the Defendant’s surrounding people want to take the Defendant’s wife against the Defendant; and (d) the Defendant’s age, character, environment, occupation, occupation, family relationship, health status, motive for committing the instant crime and circumstances, etc., the sentence of the lower court is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

【Discied Judgment】 The facts constituting an offense and the summary of evidence recognized by the court are identical to the facts constituting an offense and the summary of evidence, and thus, the gist of the evidence is identical to each of the relevant columns of the judgment below. Thus, they are quoted in accordance with

Application of Statutes

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. Order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;