The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. The summary of the grounds for appeal (unfair sentencing) sentenced by the court below (one year and four months of imprisonment) is too unreasonable.

2. The judgment of the defendant committed the crime of this case even though he had been punished for four times or more for drinking driving, and again committed each of the crimes of this case during the period of suspension of execution.

The defendant driving without a license and refused a police officer's legitimate request for measurement of drinking, and the nature of the crime is not good in light of the circumstances and contents of the crime.

However, the defendant recognized all of the crimes in this case, and shows his attitude to repent of his mistake.

The family members of the defendant want to take the action against the defendant.

The distance of the defendant's driving is not visible.

Examining the records of this case and various sentencing conditions shown in the theory of changes, such as equity in both the cases of the same kind of and similar to the defendant's current and unfavorable circumstances, and the defendant's age, gender, environment, background, circumstances after the crime, circumstances after the crime, and records of the crime, the punishment sentenced by the court below is too unreasonable.

Therefore, the defendant's argument of sentencing is justified.

3. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2(1), Article 44(1), and Article 44(2) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), Article 152 Subparag. 1, and Article 43 of the Road Traffic Act (amended by Act No. 17371 of Jun. 9, 202), the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the increase of concurrent crimes of imprisonment for an aggravated punishment

1. Article 53 of the Criminal Act for mitigation of amount;