The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

except that from the date of this judgment.

1. The lower court’s sentence (6 months of imprisonment, 2 years of suspended execution, and 40 hours of lecture for compliance driving) on the gist of the prosecutor’s appeal is unreasonable as it is too uneasible.

2. Determination, the distance between the driving time and the driving time of drinking is relatively short, and the danger of drinking driving is not realized, the Defendant is in profoundly against the wrongness while committing the crime, and disposes of the vehicle while complying with the fact that it does not reach the recidivism, and it is obvious that social ties are favorable to the Defendant.

On the other hand, each of the crimes of this case was committed while under the influence of alcohol 0.114% by the defendant, who driven a vehicle, caused his/her passenger to make a false statement at an investigative agency as if he/she had driven the vehicle, and the nature of the crime and the circumstances of the crime are not somewhat weak. The defendant had the record of being punished by each fine due to driving without a license on August 2009 or driving on February 2015, and driving on drinking on or around October 7, 2016, which was under the investigation of this case, was punished by a fine of KRW 5 million on or around December 7, 2016, and thus, was disadvantageous to the defendant. In full view of all the circumstances in the pleadings of this case, such as punishment and equity with the accomplice, the defendant's age, sex, environment, and circumstances after the crime, etc., the punishment imposed by the court below is too unfair.

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 decided as follows after pleading.

[Inasmuch as the facts constituting an offense and the summary of evidence recognized by the court and the summary of the evidence are as stated in the corresponding column of the judgment of the court below, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2 (2) of the Road Traffic Act concerning the crime and Article 148-2 of the same Act concerning selective punishment;