A defendant shall be punished by imprisonment for one year.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

A. The sentence of the lower court (one year of imprisonment) is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. In light of the following: (a) the Defendant, who had been punished several times, including the suspended sentence, due to a violation of the Road Traffic Act by drinking or non-licensed driving, such as the instant case, committed a crime without a license without a license, is highly likely to repeat the crime by repeating the crime without a license, and the numerical value of alcohol concentration in blood is relatively high; (b) the Defendant requires a strict punishment corresponding to his/her responsibility.

On the other hand, the Defendant seems to have committed a crime of this case more than 69 years old and reflected his mistake in depth while committing the crime of this case. The Defendant seems to have significantly differentiated the risk of serious drinking or driving under the laws and regulations through the life of confinement for 2 months. Moreover, when considering the various sentencing factors on the records of this case, such as the Defendant’s character, character, environment, health conditions, motive, motive, circumstance after committing the crime, etc., the lower court’s punishment against the Defendant is too unreasonable rather than be too somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is well-grounded, and the judgment below is reversed in accordance with the arguments, but the prosecutor's appeal is not dismissed as long as the judgment of the court below is accepted

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Criminal facts;