The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to KRW 14 million) is too unhued and unreasonable.

2. The Defendant recognized the instant crime.

There is no history of criminal punishment exceeding a fine.

However, drinking driving is a crime that is highly likely to cause harm to the life and body of others and requires strict punishment.

Although the defendant had been punished twice due to drinking driving, he again committed the crime of this case.

At the time of the instant case, the alcohol concentration level of the Defendant’s blood is 0.170% high.

In addition, considering the various circumstances that form the conditions for sentencing as shown in the records and arguments in the instant case, the sentence sentenced by the lower court is deemed unhued and unreasonable.

3. Since the appeal by the prosecutor of the conclusion is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of a small amount (the consideration of favorable circumstances among the loss of destruction as seen earlier);

1. Determination of the sentence as stated in the Disposition, taking into account the following factors: (a) the reason for sentencing under Article 62(1) of the Criminal Act (i) and the reason for the above appeal; and (b) a number of reasons for sentencing as stated in the Disposition.