The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

However, for three years from the date this judgment becomes final and conclusive.

1. The sentence of the lower court (two years of imprisonment) against the accused against the summary of the grounds for appeal is too unreasonable.

2. In light of the fact that the Defendant, who had been punished several times due to the violation of the Road Traffic Act due to the refusal of measurement of drinking alcohol of the same kind as this case, committed the crime of this case again under the condition that the period of suspension of execution has not yet passed, and that the Defendant committed the crime of this case, the quality of the crime and the crime of this case is not less light, and the numerical value of the blood alcohol concentration of this case also is very high, it is necessary to punish the Defendant with severe penalty corresponding to his responsibility.

On the other hand, however, considering the following factors: (a) the Defendant’s perception of all the facts of the instant crime and reflects the mistake in depth; (b) appears to have been seriously scriptive of the laws and regulations through confinement life remaining 2 months; (c) the victim was not subject to punishment by unanimous agreement with the victim; and (d) the Defendant’s consciousnesss the Defendant’s wife against the Defendant; and (c) other factors for sentencing indicated in the records of the instant case, such as age, character, character, environment, health conditions, motive for the crime, and circumstances after the crime, etc., the lower court’s punishment is too unreasonable.

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.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes for the Crime and Articles 148-2 (1) and 44 of the Road Traffic Act.