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 summary of the grounds for appeal (a fine of 12 million won) by the lower court is deemed to be too unhued and unfair.

2. The Defendant recognized all of the instant crimes and divided his mistake.

However, the defendant has committed the crime of drinking and driving without a license even though he/she was punished by a fine due to drinking driving, and even though he/she has not been aware of it, it is necessary to strictly punish him/her.

The blood alcohol concentration level is not low.

In full view of the above circumstances, Defendant’s character and conduct and environment, motive, means and consequence of the crime, circumstances after the crime was committed, and criminal records, etc., the sentence of the lower court is unreasonable as it is unreasonable.

3. In conclusion, the prosecutor'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.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below, and thus, it is 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), 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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (the consideration of favorable circumstances among the reasons for reversal in the preceding way);

1. Article 62 (1) of the Criminal Act on the suspended execution (average circumstances in favor of the grounds for reversal of this case);

1. The judgment of the court below on the grounds of sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc. shall be based on a comprehensive consideration of various sentencing factors in determining the grounds for appeal.