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 two years from the date this judgment became final and conclusive.

1. The summary of the grounds for appeal (e.g., a fine of KRW 8,00,00) of the lower court (e.g., a fine of KRW 8,00) is too uneased and unreasonable.

2. Considering that the statutory punishment for the crime of drunk driving has been continuously aggravated due to favorable circumstances, serious social harm caused by drunk driving, and changes in the legal sentiment of the general public, such as the fact that the Defendant recognized the crime of this case, a large number of criminal records prior to drunk driving, but not exceeding 10 years, and there have been no criminal records prior to a fine, and the degree of injury inflicted by the victim of traffic accidents has been relatively heavy, and that the above victim agreed with the victim of traffic accidents has been continuously aggravated due to the above-mentioned circumstances, serious social harm caused by drunk driving, and changes in the legal sentiment of the general public, it is necessary to strictly punish the crime of drunk driving, and the defendant has four criminal records prior to drunk driving (the fine for 201, the fine for 204, the fine

In addition, when comprehensively taking account of the Defendant’s age, character and conduct, criminal records, motive and background leading to the instant crime, circumstances after the instant crime, sentencing cases of similar cases, equity in punishment, etc., the lower court’s punishment is deemed unfair because it is too unfasible.

The prosecutor's assertion pointing this out is with merit.

3. As such, 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.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3(1) and the proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2(1) and Article 44(1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment) concerning criminal facts.