The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

1. The punishment of the court below (six months of imprisonment) is too unreasonable in light of the circumstances such as the reflection of the defendant's explanation of the grounds for appeal, the circumstances leading to the crime, the scrapping of vehicles, etc.

2. The Defendant was found to have committed a crime while driving a vehicle with so-called breag while under the influence of alcohol, and the alcohol concentration among blood was 0.161% at the time of committing the crime.

Defendant has been punished several times due to drinking driving.

However, considering the fact that the defendant is living wrong in depth through detention for a considerable period of time, there is no record of punishment exceeding a fine, the defendant shows his intention not to repeat the crime, such as scrapping of a vehicle in the trial of the party, and the fact that there is a dependent, such as the mother and the wife, and other various sentencing conditions shown in the records and arguments of this case, such as the defendant's age, sex, environment, motive and means of the crime, and circumstances after the crime, the sentence of the court below is unreasonable.

Defendant

The argument is with merit.

3. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the judgment below is reversed in accordance with the pleading as follows.

[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, it is acceptable in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for the reversal of the sentence under Article 62-2 of the Criminal Act shall be determined as per the disposition, taking into consideration the reasons for the reversal thereof;