The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

1. Summary of grounds for appeal;

A. The lower court’s imprisonment (one year of imprisonment) against the Defendant is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. Determination of the grounds for appeal by both parties is favorable to the defendant, such as the fact that the defendant recognized each of the crimes in this case and reflected, and that the distance of the defendant driving the vehicle due to the state of driving in each of the crimes in this case appears not to have driven the vehicle.

However, the fact that the defendant has already been punished for the same kind of crime, the defendant is not well aware of the progress of the trial of the court below after being charged with the case No. 2019Kadan5614, and the crime of the case No. 2020 Godan607 is committed again, and the degree of criticism is large. At the time of each of the crimes of this case, the blood alcohol content of the defendant exceeds 0.2% at the time of the crime of this case, and as a result, the occurrence of a large-scale damage accident is disadvantageous to the defendant.

In full view of the above various circumstances and other conditions of sentencing, such as the defendant's age, character and conduct, environment, background, means and consequence of the crime, etc., the sentence of the court below is deemed to be too unreasonable.

Therefore, the prosecutor's argument of unfair sentencing is justified and the defendant's argument of unfair sentencing is without 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.

(3) Article 369 of the Criminal Procedure Act provides that “The defendant’s appeal shall not be justified, but shall not be dismissed separately from the disposition of the court below as long as the court below accepted the appeal by the prosecutor and reversed the judgment of the court below.”

Application of Statutes

1. Criminal facts;