A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

2. On October 10, 201, the instant crime was committed on three occasions by the Defendant, due to the violation of the Road Traffic Act (driving) on the part of October 10, 201, and on three occasions, the same criminal records were imposed, such as a punishment of a fine of five million won or more due to driving under the influence of alcohol, and the said punishment was revoked due to driving under the influence of alcohol, and thereafter driving a motor vehicle without a license in the state of drinking alcohol concentration of 0.085% again at the end of six months, and the quality of such crime is not weak.

However, in full view of the following factors: (a) the Defendant committed the instant crime; (b) the Defendant did not keep the distance from driving a motor vehicle in the state of obtaining a license without permission; and (c) the Defendant’s age, character and conduct, motive, means and consequence of the instant crime; and (d) various sentencing conditions specified in the instant pleadings, such as the circumstances after the commission of the crime, etc., it is deemed that the first instance sentence, which sentenced the Defendant to imprisonment for eight months, is heavy.

Therefore, the defendant's argument is justified.

3. As the defendant's appeal is with merit, the judgment of the court of first instance is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered after pleading.

[Grounds for the decision of the court] The criminal facts of the defendant recognized by the court and the summary of the evidence are as stated in the corresponding column of the judgment of the court of first instance. Thus, they are cited as it is 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 (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Discretionary mitigation and mitigation of the Criminal Act (Article 53 and 55(1)3 of the Criminal Act (Article 55(1)3 of the same Act)