The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable, due to the summary of the grounds for appeal.

2. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the Prosecutor examined “0.104% of blood alcohol level” in the facts charged in the instant case as “0.05% or more of blood alcohol level”, and applied for the amendment of indictment with respect to the applicable provisions to “Article 148-2(2)2 of the Road Traffic Act” as “Article 148-2(2)3 of the Road Traffic Act”. Since this Court permitted this, the judgment of the court below was no longer maintained, since this is subject to the judgment upon permission.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows, after hearing.

Punishment of the crime

On November 12, 2013, the Defendant, while under the influence of alcohol more than 00:35% of blood alcohol, proceeded with approximately 2 km by driving B car on the front road of the Dogjin-dong located in the Dogdong of Gwangju Mine-gu, Gwangju, with approximately 0.05% of alcohol level.

Summary of Evidence

1. The defendant's oral statement in court;

1. Application of Acts and subordinate statutes to written circumstantial statements of a host driver;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act which choose the penalty;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows: (a) the Defendant committed the instant crime under the influence of alcohol concentration of not less than 0.05% at the time of the suspension of execution on September 11, 2009; and (b) the Defendant committed the instant crime under the influence of alcohol concentration of not less than 0.05% at the time of the suspension of execution on June 21, 201 by being sentenced to two years after being sentenced to a fine of one million won on February 5, 2005; (c) a fine of two million won on February 1, 2008; (d) a fine of three million won on September 11, 2009; and (e) the Defendant committed the instant crime under the influence of alcohol concentration of not less than 0.