The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final.

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

2. The fact that the blood alcohol concentration in the judgment is not lower than 0.110%, and the defendant has been punished several times for the same kind of crime, and the fact that the defendant is not aware of the suspension period for the same kind of crime, but is highly likely to be subject to criticism for again committing the instant crime, is disadvantageous to the defendant.

However, in full view of the circumstances that are favorable to the defendant, such as the fact that the defendant recognized the crime of this case and did not repeat the crime, the risk of traffic accidents caused by drinking driving is not realized, the defendant was found to drive a morning on the following day after drinking alcohol after drinking alcohol at the same night, there are some circumstances to consider the circumstances of the crime, the circumstances of the crime are as follows: (a) there is a little time to take into account; (b) there is a period of time for self-esteem while living in custody for two months due to the instant case; and (c) support the wife and his children; and (d) the defendant's age, sexual behavior, environment, background, method of the crime, circumstances after the crime, criminal records, etc., the sentence imposed by the court below is unfair.

3. As such, the defendant'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 the defendant's appeal is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted 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 Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 of the Criminal Act for mitigation of amount;