The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

1. Summary of the grounds for appeal: The punishment sentenced by the court below (six months of imprisonment) is too unreasonable.

2. In light of the fact that the driving of the judgment is a serious criminal threatening to the life, body, and property of another person as well as his family, the Defendant committed the instant crime even though he had been already punished three times or more due to driving of alcohol, and the Defendant had the record of having been punished three times or more due to driving of alcohol, and the Defendant’s blood alcohol concentration at the time of the instant crime was considerably high by 0.129%, and the Defendant’s blood alcohol concentration at the time of the instant crime was continuously increased by every crime (01: 0.51% in 2001, 0.051% in 203, 0.058% in 203, and 0.094% in 209).

However, in full view of the fact that the Defendant has no record of having been sentenced to punishment for the past, the fact that the Defendant appears to have had the time to reflect the Defendant’s first life due to the instant crime, and other factors of sentencing as shown in the records and arguments, including the Defendant’s age, sexual conduct, environment, motive and means of the instant crime, and the circumstances before and after the instant crime, there is room for the Defendant to give a last opportunity once.

Since it is reasonable to see that the defendant's unfair argument in sentencing is acceptable at this time.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

Criminal facts

The reasoning for this part of the reasoning of the judgment below is the same as that for each corresponding part of the reasoning of the judgment below, and thus, it is acceptable to accept this as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

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

1. As seen in the part of the judgment on the grounds for sentencing of Article 62-2 of the Criminal Act on the observation of protection and order to attend lectures.