The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

1. The lower court’s sentence (hereinafter “fine 3,00,000”) against the Defendant on the summary of the grounds of appeal is too unhued and unreasonable.

2. In light of the judgment, it is recognized that the Defendant’s blood alcohol concentration (0.081%) at the time of the instant crime is relatively low, and that the Defendant should support his family.

However, since 200, the defendant has been sentenced four times to a fine for the same kind of crime since 2000, the prior wife of the fine seems to have no effect on the edification of the defendant, and the vehicle of this case is likely to drive again at any time by the defendant, and thus, the risk of recidivism is high.

In full view of these circumstances and the Defendant’s age, character and conduct, and living environment, various sentencing conditions shown in the records and arguments of this case are inappropriate as the lower court’s punishment against the Defendant is somewhat uneasible.

3. As a result, 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 the following is ruled again after pleading

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court 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 on Criminal Facts, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution (average conditions favorable to the defendant among the grounds for reversal in the front);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, Etc., and Orders to attend a probation and compliance lecture;