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 summary of the grounds for appeal is unreasonable because the sentence (five million won in penalty) imposed by the court below on the defendant is too unfasible.

2. The conclusion that the Defendant, based on the judgment, recognized the instant crime and expressed his intent not to repeat the crime is favorable to the Defendant.

However, the crime of drinking driving is a crime that may infringe on the lives and bodies of citizens using roads as well as drivers.

Since the Defendant was driving at night in the state of 0.119% alcohol concentration in blood, there was a risk of accidents due to drinking driving.

Despite the fact that the defendant committed the crime of this case during the period of suspension of execution due to interference with the execution of official duties, and the fact that the defendant committed the crime of this case in spite of the fact that he was punished by a fine for the same kind of crime is disadvantageous to

In full view of the above circumstances and other circumstances that led to the instant crime, including the background and motive leading up to the instant crime, the circumstances after the commission of the crime, the age of the Defendant, sexual conduct, family relationship, occupation, etc., and the conditions for the sentencing as shown in the records and arguments, the sentence imposed by the lower court is deemed unfair because the sentence imposed by the Defendant is too unfeasible and unfair. Therefore, the prosecutor’

3. In conclusion, the prosecutor's appeal is with merit, and 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 after pleading.

[Re-written judgment] The summary of the facts constituting the crime of this case and the defendant's summary of the evidence are identical to each of the corresponding columns of the judgment 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 and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense, and Articles 148-2 (2) 2 and 44-2 (Selection of Imprisonment);

1. Article 62(1) of the Criminal Act on the suspended execution (Article 62(2) of the Criminal Act on the sentencing of Finin.