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 below is unfair because it is too low in light of the fact that the defendant is making a confession of the crime, but the defendant's blood alcohol concentration was high (0.112%) and the risk of the crime was extremely high on the back of the white week with heavy traffic volume (0.12%).

Therefore, I will accept the prosecutor's question that points out this issue.

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.

[Judgment of the court below] The summary of facts constituting an offense and evidence recognized by the court below is cited as it is in accordance with Article 369 of the Criminal Procedure Act as stated in the corresponding column of the court below.

Application of Statutes

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018; Act No. 16037, Jun. 25, 2019);

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

1. Taking lectures and community service orders under Article 62-2 of the Criminal Act;