The judgment of the court below is reversed.

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

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

1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.

2. In light of the fact that the defendant, who had been punished several times due to the violation of the Road Traffic Act due to the violation of the same act of drinking driving as in this case, has shown the risk of recidivism, such as committing the crime of drinking alcohol in this case, and that the value of the blood alcohol concentration is considerably high, the nature of the crime is not weak.

However, considering all other factors such as the Defendant’s age, character and behavior, environment, health conditions, motive, motive, circumstances after the crime, etc., the sentence of the lower court against the Defendant is too unreasonable, in light of the following factors: (a) the Defendant’s mistake is against the Defendant’s life in custody for two months in the course of committing the instant crime; (b) the Defendant’s criminal records appears to have lived in good faith without any specific penal power in around 2013; and (c) the Defendant’s wife wanted to take the Defendant’s wife against the Defendant; and (d) other factors of sentencing indicated in the instant records, such as the Defendant’s age, character

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

【Reason used in multi-level] Criminal facts and summary of evidence recognized by the court, and summary of evidence, are the same as stated in each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Order to attend lectures under Article 62-2 of the Criminal Act;