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. Summary of the grounds for appeal and the sentencing (in the case of original trial, eight months of imprisonment, two years of suspended execution, and forty hours of taking courses);

2. The judgment is based on the following factors: although the defendant led to his/her crime and was sentenced to imprisonment without prison labor or more severe punishment, he/she was driving in the state of high blood alcohol concentration (0.157%) and was driving in the state of high blood alcohol concentration (0.157%) and was driving in the state of traffic accident due to heavy traffic volume; and the risk of driving without a license and the harm caused by drunk driving is serious, the court below's sentence is less complicated than the

Therefore, the prosecutor's assertion of unfair sentencing is accepted.

3. If so, the prosecutor's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered after pleading.

[Separate Decision] The summary of facts constituting an offense and evidence recognized by the trial of the court below is identical to the corresponding column of the judgment below, and thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2 (1) 1, and Article 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018 and enforced June 25, 2019); Article 152 (1) and Article 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Imprisonment with prison labor chosen;

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

1. Article 62-2 (1) of the Criminal Act to take lectures and provide community service orders;