The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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 following facts: (a) the Defendant, who had been sentenced to several punishments including a suspended sentence due to a violation of the Road Traffic Act due to a drunk driving, was indicted for a violation of the Road Traffic Act due to the previous drunk driving and has to undergo a trial, and (b) the risk of repeating the crime of the previous drunk driving is substantial; (c) the blood alcohol concentration is considerably high by 0.102% and 0.092%; and (d) the social consensus on the severe punishment of the drunk driving is formed, it is inevitable to sentence the Defendant.

However, the defendant should support a baby as a disabled person of grade 4 with a delay disability. However, when all of the facts of each of the crimes of this case were committed, it is against the wrongness, and the motor vehicle used for drinking driving was scrapped and the registration of cancellation is completed until the registration of cancellation after scrapping of the motor vehicle, etc., it is hard to say that he will not repeat the crime. The defendant's short-term sentence is desirable in light of the defendant's age, character, occupation, family relation, motive, means and result of the crime, and circumstances after the crime, etc., including the fact that the execution of the punishment in this case shows that it is desirable to obtain the danger of drinking driving and the serious importance of penal laws and regulations.

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] Criminal facts and summary of evidence recognized by the court, and evidence related thereto.