A defendant shall be punished by imprisonment for one year.

However, according to the evidence duly adopted and examined by the court below, voluntary accompanying on February 19, 2020 is deemed lawful, and there is no reason to investigate and reverse ex officio.

The punishment sentenced by the court below (one year and six months of imprisonment) is too unreasonable.

2. Although the judgment defendant had been punished for three times or more for drinking driving, the defendant committed the crime of this case, and again committed each of the crimes of this case during the period of probation.

The defendant driving without a license and refused a police officer's legitimate request for measurement of drinking, and the nature of the crime is not good in light of the circumstances and contents of the crime.

However, the defendant recognized all of the crimes in this case, and shows his attitude to repent of his mistake.

The family members and branch members of the defendant want to find the defendant's wife continuously.

The distance of the defendant's driving is not visible.

Examining the records of this case and various sentencing conditions shown in the theory of changes, such as equity in both the cases of the same kind of and similar to the defendant's current and unfavorable circumstances, and the defendant's age, gender, environment, background, circumstances after the crime, circumstances after the crime, and records of the crime, the punishment sentenced by the court below is too unreasonable.

Therefore, the defendant's argument of sentencing is justified.

3. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.

[Judgment] Facts constituting an offense and summary of evidence recognized by the court, as well as facts constituting an offense.