The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. The judgment defendant has a history of being subject to criminal punishment several times for traffic crimes, and the same vehicle as the vehicle of this case has been punished for drinking and driving without a license four times.

On March 29, 2011, the Defendant was sentenced to imprisonment with prison labor for 10 months and 2 years of suspended execution on March 29, 201, and committed the instant crime during suspended execution.

At the time of the instant crime, the Defendant’s blood alcohol concentration was considerably high by 0.109%.

However, the defendant tried not to repeat the crime of this case with his depth, and it does not cause a traffic accident due to drinking driving.

For about nine years of the defendant's accompanying a textile company, the defendant was faithfully engaged in the workplace life, and the defendant was discharged from the company on the wind of detention in this case.

Due to the absence of the defendant, the family members of the defendant suffered difficulties in living and living, and there are many circumstances in which the defendant suffered a traffic accident.

In addition, considering all the sentencing conditions shown in the records and arguments of this case, such as the age, character, conduct and environment of the defendant, the punishment imposed by the court below is inappropriate.

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.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the statement in each corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered in the preceding favorable circumstances);

1. Article 62(1) of the Criminal Act (As above, consideration of the favorable circumstances) 1.