The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

1. The sentencing of the lower court (six months of imprisonment) is too unreasonable.

2. The Defendant was punished four times due to drinking driving, and was sentenced two times of suspended execution, but he again driven the instant drinking driving.

However, when considering the defendant's blood alcohol concentration at the time of the instant case not higher than 0.086% and the distance of driving is not about 200 meters, the defendant did not have been sentenced to a punishment and did not cause an accident; the defendant was not sentenced to a crime during the period of probation; the defendant was living in custody for 70 days between them; the defendant was in a situation where it is difficult to harvest crops due to the defendant's detention; the situation where it is difficult to catch the plastic crops; and other conditions of sentencing as shown in the arguments, such as the defendant's age, character and behavior, the environment, the background and result of the crime, etc., the sentencing of the court below is too heavy.

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

Criminal facts

The summary of the facts charged and the evidence admitted 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 Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, 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. Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act, Article 59 of the Act on Probation, Etc.;