The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for two years from the date this judgment becomes final and conclusive.

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. The judgment defendant committed the crime of this case again with the records of punishment several times due to the same kind of crime.

Blood alcohol concentration was also 0.190% higher.

However, since 2003, the Defendant was punished by a fine of KRW 4 million due to drinking driving in 201 and a fine of KRW 1 million due to driving without a license in 2012, and there is no record of punishment for the same crime as well as other crimes, and it has led the Defendant not to repeat the crime by breaking the wrongness of the crime in depth.

After the defendant graduated from high school, it seems that the defendant has faithfully engaged in the maintenance of construction machinery and vehicles by acquiring the qualification as a motor vehicle maintenance technician, and the defendant's punishment has taken the lead to the defendant, while the defendant's punishment has taken the lead to the defendant.

In addition, considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, the sentence imposed by the court below 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 on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the statement in each corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;