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.

Summary of Grounds for Appeal

The punishment of the court below (six months of imprisonment) is too unreasonable.

Judgment

The fact that the defendant has been punished several times due to driving without a license for the same alcohol, and that the blood alcohol concentration is relatively high by 0.155%, it is disadvantageous.

However, in full view of the following facts: (a) the Defendant’s mistake is recognized; (b) there is no record of criminal punishment heavier than suspended sentence due to driving under the same kind of drinking driving; and (c) there is 35 years of age with language disorder to support; and (d) other factors of sentencing as indicated in the argument of the instant case, such as the background of the instant crime; (b) the circumstances after the instant crime; and (c) the Defendant’s age and character environment, etc., the lower court’

Therefore, the defendant's appeal is justified. Thus, 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.

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 below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of Article 148-2 (1) 1, 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. Discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act;

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;