The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became 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. There are circumstances such as the fact that the defendant was subject to criminal punishment four times due to the crime of drunk driving andless driving, and the defendant committed the second and without a license driving again while being tried due to the first crime of drunk driving. However, the defendant's argument is unreasonable since it seems that the defendant's age, character, environment, family relationship, circumstance of the crime, circumstances after the crime, etc. are too excessive, and the prosecutor's argument is without merit, in full view of all the circumstances, including the fact that the defendant's criminal punishment is imposed for the same kind of crime, and that the defendant's sale of the vehicle used for drunk driving would not make a drunk driving.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

(Inasmuch as the judgment of the court below is reversed on the same ground as above, the prosecutor’s appeal shall not be dismissed separately). Criminal facts and summary of evidence acknowledged by the court are identical to facts constituting an offense and summary of evidence, and 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) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act;

1. The crimes of Articles 40 and 50 [the 2018 Highest 1391] of the Criminal Act and the violation of the Road Traffic Act (the 2018 Highest 1391).