A defendant shall be punished by imprisonment for nine months.

2. The judgment of the Defendant had a record of having been sentenced to five times or more due to drinking driving, and was sentenced to two times, but again repeated each of the crimes of this case during the period of probation, and was found to have been investigated for the first crime, and again committed the second crime without any lapse of one month after being investigated.

At the time of each crime, blood alcohol concentration is high to 0.149% and 0.133%, and there are several records of punishment for driving without a license.

However, considering the above unfavorable circumstances, the sentence of the court below is too heavy when considering the sentencing conditions shown in the pleadings, such as the defendant's age, environment, background and result of the crime, and the circumstances after the crime, etc., it is deemed that the sentence of the court below is too heavy.

3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered again.

Criminal facts

The summary of the facts charged and the evidence admitted 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 provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving under the influence of sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act; and

1. A person who violates Article 40 or 50 of the Criminal Act (a person who without a license) of the Road Traffic Act of the same date as a person who violates the Road Traffic Act of April 15, 2015.