The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, the above punishment for a period of one year from the date this judgment becomes final and conclusive.

1. The sentence (two million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is too unhued and unreasonable.

2. The fact that the judgment defendant repents and reflects his mistake, and that the defendant has no record of punishment exceeding the fine due to the same kind of crime is favorable to the defendant.

On the other hand, the fact that the defendant was punished by a fine for driving under drinking in 2011 and 2015, and that the driver's license was revoked on June 4, 2016 and the summary order was issued on June 15, 2016, which is likely to repeat the same type of crime, is disadvantageous to the defendant.

In addition, when comprehensively considering all of the sentencing conditions in the instant case, such as the Defendant’s age, sex, environment, motive for the commission of a crime, and circumstances after the commission of a crime, the lower court’s punishment is deemed to be too uneasible and unfair.

Therefore, the prosecutor's above assertion is justified.

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 after pleading as follows.

【Re-written part of the judgment below] Criminal facts and summary of the evidence recognized by the court and summary of the facts constituting the crime and summary of the evidence are identical to each of the corresponding columns of the judgment below. Thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. In light of all the factors of sentencing as examined in the determination of Article 62(1) of the Criminal Act’s grounds for sentencing under Article 62(2) of the suspended sentence, the sentence shall be determined as ordered.