The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. Considering the necessity of severe punishment for driving under the influence of alcohol without a driver's license, the defendant who has been punished due to the violation of the Road Traffic Act due to the negligence of driving under the influence of alcohol and driving under the influence of alcohol without a driver's license in the state of 0.185% at the time of suspension of execution, it is necessary to punish the defendant with strict punishment corresponding to his responsibility.

However, in light of the overall sentencing conditions on the records of this case, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, circumstance after the crime, etc., the lower court’s punishment is deemed to be too unreasonable, in light of the following: (a) the Defendant committed the crime in this case; (b) there is no record of having been sentenced to the punishment; and (c) the risk of drinking driving and the serious gravity of the penal provisions through confinement life for about five months; and (d) the Defendant appears to have been significantly depreciated.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

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 under Articles 53 and 55(1)3 of the Criminal Act;