The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for three years from the date this judgment became final and conclusive.

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 fact that the Defendant, who had been punished several times due to the crime of violating the Road Traffic Act due to the act of driving under the influence of alcohol in this case, committed the crime of driving under the influence of alcohol in this case during the suspension of execution, as stated by the court below in the unfavorable circumstances against the Defendant, the crime of driving under the influence of alcohol in this case is not weak.

However, considering all other factors such as the Defendant’s age, character and behavior, environment, health conditions, motive for the crime, circumstance after the crime, etc., the lower court’s punishment against the Defendant is too unreasonable, because it is too unreasonable, considering the following: (a) the Defendant’s perception of the crime in this case and reflects the mistake; (b) the distance of driving in the state of alcohol is relatively short; and (c) the blood alcohol level level is relatively lower than that of the Defendant’s blood alcohol level; and (d) circumstances that may be considered in the situation of drinking driving.

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 corresponding columns of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;