A defendant shall be punished by imprisonment for four months.

except that the ruling shall be made for one year from the date of the final judgment.

2. It is recognized that the Defendant committed the instant crime even though he had previously been punished twice due to drunk driving and unlicensed driving.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime; (b) the Defendant did not cause additional damage, such as traffic accidents caused by the Defendant’s driving; (c) the Defendant’s absence in the lower court does not seem to have intentionally escaped to avoid punishment; (d) the Defendant is detained for about 60 days due to the instant crime; and (e) the Defendant is in custody for about 60 days and is in profoundly against his mistake; and (e) the Defendant does not repeat again; and (e) other circumstances constituting the conditions for sentencing as indicated in the record, such as the Defendant’s age, environment, occupation, family relationship, etc., the sentence of

Defendant’s assertion is with merit.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal of this case is with merit.

Criminal facts

The summary of the evidence and the facts charged by this court and the summary of the evidence are as follows, except for the addition of the "1. Defendant's trial oral statement" to the summary column of the evidence, since it is the same as the corresponding column of the judgment of the court below, they are cited as it is in accordance with Article 369

Application of Statutes

1. Article 152(1) and Article 43 of the former Road Traffic Act (amended by Act No. 10790, Jun. 8, 201); the choice of imprisonment for a crime and the choice of a sentence

1. Article 62 (1) of the Criminal Act suspended execution ( Taking into account circumstances favorable to the defendant in determining the grounds for appeal in the preceding part);