The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for one year from the date this judgment becomes final and conclusive.

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

2. However, even though there was a history of punishment several times for the same crime, it is necessary to punish the defendant strictly because the defendant again commits the crime of this case, and the nature of the crime is poor.

However, in full view of the fact that the defendant recognized the crime of this case, and the defendant has an opportunity to sufficiently reflect the defendant's life in custody exceeding a month, and that the defendant again intended not to commit such crime, and other various circumstances that form the conditions for sentencing specified in this case, such as the defendant's age, character and conduct, environment, family relationship, and circumstances after the crime, the sentence imposed by the court below is somewhat unreasonable, and therefore the defendant and his defense counsel's above assertion of unfair sentencing is reasonable.

3. If so, the defendant's appeal is reasonable, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court below, 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 driving sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the point of driving without a license);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

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

1. Article 62-2 (1) of the Criminal Act on probation and community service order;