The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The gist of the grounds for appeal is that the lower court’s punishment (limited to eight months of imprisonment, two years of suspended sentence, 40 hours of probation, alcohol therapy, 24 hours of compliance driving, 80 hours of community service, etc.) is too uneasy and unreasonable.

2. In full view of the facts that the Defendant had the history of criminal punishment for drinking driving multiple times, and the driving of a vehicle while blood alcohol leveling 0.112%, the lower court’s punishment is too uneasible and unreasonable.

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.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (a favorable condition to the defendant) has the history of being subject to criminal punishment for drunk driving several times, and the defendant has been sentenced to imprisonment for six months with prison labor for drinking, without obtaining a license in 2008, and two years of suspended execution. In 2011, even if he was sentenced to imprisonment for four months due to drunk driving, he/she again conducted the instant drunk driving in 201, and he/she again driven under the influence of four months in 0.12% of the blood alcohol level, and the favorable sentencing factors such as the defendant’s age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., and the sentencing conditions specified in the records and arguments of this case shall be determined as the sentence as per Disposition.