A defendant shall be punished by imprisonment for up to seven months.

2. It is recognized that the defendant committed each of the crimes of this case without being aware of the suspension period due to the same kind of alcohol driving as well as the fact that he/she was sentenced to a fine and a suspended sentence.

However, considering all of the sentencing conditions stated in the pleadings of this case, such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of each of the instant crimes, etc., the punishment imposed by the lower court is too unreasonable, because it is too unreasonable.

3. According to the 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 following is ruled again after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court is as stated in the corresponding column of the judgment below, except for adding “1.1 Driver’s License Register” to the column of the evidence of the court below, and thus, it is also cited 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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of a small amount (the consideration of favorable circumstances among the loss of destruction as seen earlier);