The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

1. The sentence imposed by the court below (two years and six months of imprisonment) is too unreasonable.

2. The judgment of the Defendant is an unfavorable circumstance to the Defendant, such as the fact that the Defendant, even though having been punished three times due to drinking driving, has carried out drinking and driving without a license for two times in a short period, and that, in the case of drinking driving on or around October 30, 2019, caused a traffic accident that damages the victim’s vehicle.

However, in full view of the following factors: (a) the defendant's mistake and reflects; (b) the defendant has no record of being punished in excess of the suspension of the execution of imprisonment with prison labor; (c) most of the damage recovery to the victim was made in the trial; (d) the defendant's health status is not good; and (e) other defendant's age, character and conduct, environment, family relationship, motive and circumstance of the crime; (b) the degree of blood alcohol concentration; (c) driving distance; and (d) various conditions of sentencing as shown in the records and arguments of the case,

Therefore, the defendant's above assertion is justified.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.

【The part of the judgment rendered in multiple times】 Criminal facts recognized by the court in charge of criminal facts and summary of evidence and summary of evidence are the same as the entries of each corresponding column of the judgment of the court below. Thus, they are quoted as it is in accordance with Article 369

Application of Statutes

1. Relevant provisions of Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the point of a sound driving), subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 151 of the Road Traffic Act (the point of a unauthorized Driving), Article 151 of the Road Traffic Act concerning the crime; and

1. Crimes under Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes ( mutually between the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act without obtaining a license);

1. As to the crimes of violation of the Road Traffic Act, the option of punishment shall be made;