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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Reasons
1. Summary of grounds for appeal;
A. The punishment sentenced by the lower court (eight months of imprisonment) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.
2. The legislators amended the Road Traffic Act on December 24, 2018 (amended by June 25, 2019) by taking into account the social damage caused by drunk driving, the gravity of the relevant offense, etc., and Article 148-2(1) of the Road Traffic Act, which applies to the Defendant, provides that a person who has violated the prohibition of driving under the influence of alcohol or the prohibition of refusing to measure alcohol shall be punished by imprisonment with prison labor for not less than two years but not more than five years, or by a fine not less than ten million won but not more than twenty million won.
In full view of the various circumstances that are favorable to the defendant (the defendant recognized his own responsibility due to the crime in this case), unfavorable circumstances [the fact that the defendant committed the crime in this case during the appellate trial on the violation of the Act on the Control of Narcotics, etc. in the judgment of the court on the violation of the Act on the Control of Narcotics, etc., the defendant appears to have been fully punished at the time of the crime in this case, and the defendant has a record of criminal punishment several times due to the violation of the Act on the Control of Narcotics, etc., the defendant's age, character and behavior, environment, the background and method of the crime in this case, the method of the crime in this case, and the circumstances after the crime, etc., and the reasons for the amendment of the Road Traffic Act by legislators, the punishment sentenced by the court below is deemed to be unfair because it is too unfeasible.
3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.
In order to accept the appeal by the public prosecutor and reverse the judgment of the court below, the defendant's appeal shall not be dismissed separately.