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 decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. In light of the fact that the court below, as stated in the circumstances unfavorable to the defendant, committed a crime of violation of the Road Traffic Act due to the same kind of driving under the influence of alcohol in this case, the risk of recidivism, such as committing the crime of drinking under the influence of the defendant, which has been punished several times, including the suspension of imprisonment, due to the crime of violation of the Road Traffic Act due to the same kind of driving under the influence of alcohol in this case, is significantly high, the nature of the crime is not somewhat weak

However, considering all other factors such as the Defendant’s age, character and behavior, environment, health conditions, motive for the crime, circumstance after the crime, etc., the lower court’s punishment is too unreasonable, in light of the following factors: (a) the Defendant’s mistake is against the Defendant’s life in custody for a period of two months; (b) appears to have faithfully lived without any specific punishment power after 2006; and (c) the physical and human damage caused by drinking driving did not occur; and (d) the Defendant’s age, character and behavior, environment, health conditions, motive for the crime; and

3. In conclusion, the judgment 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 following judgment is rendered again after pleading.

【Reason used in multi-level] Criminal facts and summary of evidence recognized by the court, and summary of evidence, are the same as stated in each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and 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. Order to attend lectures under Article 62-2 of the Criminal Act;