The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.

1. The sentence imposed by the lower court (one year of imprisonment and one-year burden of costs of lawsuit) is too unreasonable.

2. It is recognized that the Defendant had the record of being punished twice due to drunk driving, that the blood alcohol concentration of the instant case is considerably high as 0.146%, and that the Defendant did not recognize his mistake while making a vindication that is difficult for him to obtain from the investigative agency to the court of the original trial.

On the other hand, however, the defendant shows the attitude of reflecting his mistake when he was found to be late in the trial, and the above previous previous department was punished by a fine in 2004 and 2016, and the defendant was not sentenced to imprisonment or imprisonment without prison labor, and the crime of this case was committed by the defendant while the defendant was under the influence of alcohol in a car parked on the alleyway, and the defendant was under the influence of driving a vehicle in order to turn off the vehicle while he was under the influence of alcohol in a car parked on the alley, the defendant was under the influence of driving a vehicle in order to turn off the vehicle, and there are circumstances to take into account the situation, and the driving distance is about about 10 meters, and the driving distance is also about the age, character and behavior of the defendant, the motive and background of the crime, the means and result of the crime, and the circumstances after the crime, etc., it is recognized that the sentence imposed by the court below is unfair because it is too unreasonable.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the defendant is well-grounded.

[Discied reasoning of the judgment below] Criminal facts and the summary of evidence recognized by this court and the summary of evidence are as follows: "1. The defendant's partial statement" of "the summary of evidence column" in the judgment of the court below is the same as the statement in the corresponding column of the judgment of the court below, except for the defendant's oral statement at the court below. Thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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