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 three years from the date this judgment became final and conclusive.

1. The sentencing of the lower court (six months of imprisonment) is too unreasonable.

2. The judgment of the court below is an unfavorable circumstance to the defendant that the defendant had a large number of records of punishment for the same crime, in particular, even though the defendant was sentenced to three times of suspended sentence due to driving without a license, again, the driving without a license of drinking in this case, the blood alcohol level of 0.132% higher, and the judgment of the court below was conducted with a bad attitude.

However, when considering the fact that the defendant was not sentenced to punishment and the crime of this case is not during the period of probation, the distance of driving is less than 10 meters, the vehicle that has been divided and operated with depth by being detained for four months, and the vehicle that is suffering from the post-certification group should be disposed of, and considering the sentencing conditions specified in the arguments, such as the defendant's age, environment, and specific circumstances of the crime, the sentence of the court below is too unreasonable.

3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered again.

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

Application of Statutes

1. Relevant laws applicable to the facts constituting a crime, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of sound driving), subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act, Article 59 of the Act on Probation, Etc.;