The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

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

1. The sentence of the lower court (two years of imprisonment) against the accused against the summary of the grounds for appeal is too unreasonable.

2. In light of the fact that the defendant, who had been punished several times due to the violation of the Road Traffic Act due to the act of violating the same alcohol driving in this case as in this case, has a high possibility of criticism by taking into account the fact that the defendant has committed a crime such as drinking and unlicensed driving in this case, and the degree of blood alcohol concentration is very high to 0.211%, it seems that strict punishment is necessary for the defendant who seems to lack the awareness of the danger of drinking driving.

However, considering the following factors: (a) the Defendant was committed in all the facts of the instant crime, and the Defendant’s mistake was committed in depth through a prison life for the remaining three months; (b) the distance from driving in a drinking state is relatively short and the circumstances leading to drinking; and (c) the degree of damage is relatively minor; and (d) other various sentencing conditions on the records of the instant case, such as the Defendant’s age, character and conduct, occupation, environment, family relationship, circumstances after the commission of the instant crime, and circumstances after the commission of the instant crime, the sentence imposed by the lower court is somewhat unreasonable.

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] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 151 of the Road Traffic Act, Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, Article 152 of the Act on the Crime in question, Article 151 of the Road Traffic Act, Article 152 of the Road Traffic Act.