The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The gist of the grounds for appeal is too unreasonable that the original court’s imprisonment (one year of imprisonment) is too unreasonable;

2. The fact that the blood alcohol concentration of judgment is high, and that the defendant again commits the instant crime even if he/she had a record of the same kind of crime at several times is disadvantageous to the defendant.

On the other hand, the following conditions are favorable.

The defendant reflects his mistake in depth through confinement for a period of three months.

Criminal records related to the last drinking driving of the defendant are about five years and six months from the date of occurrence of the criminal facts of this case.

In addition, considering the sentencing balance with the same crime, the background of the crime of this case, the circumstances after the crime of this case, the defendant's age, character and conduct, and environment, various sentencing conditions shown in the arguments of this case are considered as being too unreasonable. Thus, the defendant's assertion is reasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

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

Application of Statutes

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc., of orders to provide community service and attend lectures;