A defendant shall be punished by imprisonment for one year.

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

2. The judgment of the defendant has a number of records of punishment for drunk driving and unlicensed driving, and the fact that the defendant has a record of being sentenced to suspended sentence of imprisonment is disadvantageous.

On the other hand, the fact that the defendant recognized the crime of this case and reflected, that the defendant was sentenced to a suspended sentence of imprisonment in 2012, and that the criminal defendant was sentenced to a fine in 2014 and was sentenced to a fine in 2012, and that the remaining criminal records of drunk driving and unlicensed driving were sentenced to a fine before 2012.

In addition, considering the circumstances leading to the instant crime, circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, the lower court’s punishment is deemed to be too unreasonable, and thus, the Defendant’s assertion is reasonable.

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 with merit.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the corresponding column 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. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc., of orders to provide community service and attend lectures;