The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The summary of the reasons for appeal (4 months of imprisonment) by the lower court is too unreasonable.

2. In light of the fact that the defendant was sentenced to the suspension of the execution of imprisonment two times or more due to drinking driving and driving without a license, and the defendant again committed the crime of this case during the suspension of execution despite the fact that he was punished several times of fines for the same kind of crime, such as drinking and driving without a license, the possibility of criticism against the defendant is reasonable.

However, in full view of all the sentencing conditions, including the fact that the crime of this case is a crime discovered during the police inspection process due to a simple driving without a license, the fact that the defendant sells his own vehicle to another person, and the defendant seems to make it difficult to maintain the livelihood of his dependent if he is detained, the sentence of the court below is too unreasonable.

3. As such, 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 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 Article of the Act on Criminal facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, which choose the penalty;

1. Article 62 (1) of the Criminal Act (Consideration favorable circumstances in the front);

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;