The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the period of two years from the date this judgment becomes final and conclusive.

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. On the other hand, among the blood of this case, alcohol concentration is considerably high as 0.160%, and traffic accidents have occurred, and the defendant has already been punished twice due to driving of alcohol.

In addition, the Defendant denied the driving of drinking from the investigative agency to the court of the original trial on the grounds that the Defendant cannot understand.

However, the defendant currently reflects the facts charged and seems to have been detained for more than two months in this case, and has an opportunity to repent.

In addition, in full view of the various circumstances, including the Defendant’s age, sex, environment, occupation, and circumstances after the crime, the lower court’s punishment is unreasonable.

3. The decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the corresponding column of the judgment below, and thus, the summary of the facts and evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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 community service order under Article 62-2 of the Criminal Act;