The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. The sentence imposed by the court below on the defendant (one year and six months of imprisonment) is too unreasonable.

2. 항소 이유에 대한 판단 이 사건 범행은 음주 운전 금지의무를 2회 이상 위반한 전력이 있음에도 혈 중 알코올 농도 0.192% 의 술에 취한 상태에서 약 70km를 운전한 것으로 혈 중 알코올 농도 수치가 높고, 운전거리도 매우 긴 점, 피고인은 술에 취하여 운전하다가 교통사고를 내기도 하였는바, 자칫 대형 인명사고로 이어질 위험성도 농후하였던 점, 피고인이 교통사고 직 후 홧김에 막걸리 한 병을 마셨다고 주장하였는데 차 안에서는 소주병이 발견되자 막걸리 병을 냇가에 버렸다고

The circumstances leading up to the concealment of the instant crime or causing confusions with the investigation (Evidence No. 36,67 pages). The Defendant had the record of being punished four times due to drinking, and in particular, the fact that the instant crime was committed during the trial due to the previous drinking driving, which appears difficult to expect compliance awareness with the minimum traffic laws and regulations, are unfavorable to the Defendant.

However, it appears that the Defendant led to the confession of the instant crime and reflects his mistake in depth, the Defendant did not cause any harm to human life or material damage caused by a traffic accident by the Defendant, and the Defendant appears to have not good health conditions, such as undergoing a simplified surgery on July 2017. The instant crime is in the concurrent relation between the Defendant and the Defendant’s violation of the Road Traffic Act (drafing under drinking), which became final and conclusive on March 30, 2018, and the latter part of Article 37 of the Criminal Act, and it is necessary to determine the punishment in consideration of equity in the case where the judgment is rendered at the same time, and it is necessary to determine the punishment in consideration of the Defendant’s age, sexual behavior, environment, motive and background leading to the instant crime, means and consequence of the instant crime, and the circumstances after the crime, etc.