The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

1. The main point of the grounds for appeal is that the court below's imprisonment (six months of imprisonment) is too unreasonable.

2. In the judgment, the blood alcohol content of the instant case is very high to 0.193%, and the Defendant was punished by a fine and a suspended sentence on three occasions for the same kind of crime. In particular, the Defendant committed the instant crime during the suspended sentence after being sentenced to a two-year imprisonment for a crime of violation of the Road Traffic Act at the Jung-gu District Court on January 11, 2013, but the Defendant committed the instant crime during the suspended sentence. However, considering the fact that the Defendant committed the instant crime while driving the instant crime after drinking, the Defendant committed the instant crime while driving the water after drinking, the above suspended sentence was too excessive, and the Defendant’s family relationship and environment, the lower court’s sentence imposed on the Defendant is somewhat inappropriate.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following judgment is rendered after pleading, on the grounds that the appeal by the defendant is well-grounded.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns 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 and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (including extenuating circumstances, etc. described above);

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

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;