The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Summary of Grounds for Appeal

The punishment of the lower court (eight months of imprisonment) is too unreasonable.

Judgment

It is an unfavorable circumstance that the defendant has been punished several times due to driving without a license for the same drinking alcohol, and that the defendant committed the crime of paragraph (2) of the judgment of the second instance due to the crime of paragraph (1) of the judgment of the court below.

However, considering the fact that the defendant has recognized his mistake, that there is no previous conviction exceeding the fine, and that there is no other favorable circumstance, and that the defendant's argument is reasonable, considering the circumstances of the crime of this case, the circumstances after the crime of this case, the defendant's age, character and conduct environment, etc., the court below's punishment of this case is inappropriate.

In conclusion, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

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 below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point where a person fails to comply with the measurement of drinking without justifiable grounds), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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