The judgment of the court below is reversed.

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

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable.

2. In view of the fact that the Defendant did not have the right to obtain a driver’s license only once, the Defendant is sentenced to a three-time fine due to a non-licensed driving or a drunk driving crime and a one-time suspension of the execution of imprisonment with prison labor, a sentence of sentence on the Defendant is inevitable.

However, in full view of all of the following factors: (a) the Defendant recognized the crime and is in a profound radius; (b) the vehicle is scrapped; (c) the vehicle is scrapped; (d) there is time interval between the past and the instant crime; and (e) the Defendant’s age, character and conduct, environment, and circumstances after the crime; and (e) other factors for sentencing specified in the records and arguments, such as the circumstances after the crime, the lower court’s punishment is somewhat unreasonable.

3. If so, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.

【Grounds for the Judgment of the court below which has been written] The facts constituting a crime and summary of evidence recognized by the court below and the summary of evidence are as stated in each corresponding column of the judgment below, except where the "the same crime" in the third part of the judgment of the court below is regarded as "the same crime." 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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;