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 summary of the grounds for appeal (e.g., imprisonment with prison labor for one year and six months) of the lower court is too unreasonable.

2. The fact that the Defendant had the record of having been punished twice for the same type of crime and had been punished several times due to the same type of crime, but again commits the instant crime, and the fact that the blood alcohol concentration is high and the distance of driving is not short, etc. are disadvantageous to the Defendant.

However, in full view of all the circumstances, including the Defendant’s confession and living under detention for about four months, and the Defendant had no record of being sentenced to a punishment exceeding the fine due to drunk driving in the past, and that there was no physical or physical accident due to the instant crime, etc., which are favorable to the Defendant, such as the crime of drunk driving and the time interval between the instant crime and the instant crime of drunk driving, the motive, background, means and method of the instant crime, the circumstances before and after the instant crime, and the Defendant’s age, character, behavior, career, environment, etc., the sentence of the lower court is deemed to be too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is justified.

3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered again.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by this court are all the same as that of each corresponding column of the judgment below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018) regarding criminal facts and the choice of punishment.