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 need for severe punishment for drunk driving and the possibility of recidivism, etc., it is necessary to punish the Defendant, who has been punished several times, including punishment due to the violation of the Road Traffic Act due to a drunk driving, in addition, even though the Defendant committed the instant crime in which he drives a vehicle in a drinking state.

However, considering the following factors: (a) the Defendant’s perception of the instant crime is against the Defendant’s mistake in depth; (b) the risk of drunk driving and the strongness of penal provisions through confinement life remaining 2 months seems to have been significantly differentiated; (c) the blood alcohol level level is 0.045%; and (d) the blood alcohol level is merely 300 meters and the driving distance is too excessive and the circumstances that can be taken into account in driving circumstances, the Defendant’s age, character, character, environment, motive, means and consequence of the instant crime; and (d) all of the sentencing conditions indicated in the instant records, such as the circumstances after the crime, etc., the lower court’s punishment is deemed to be undue.

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.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of 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 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. Order to attend lectures under Article 62-2 of the Criminal Act;