The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.

2. The Defendant was driving the instant drinking during the suspension period due to drinking driving, and the alcohol concentration in blood was considerably high by 0.244%, and the Defendant was punished for driving under drinking three times (including a suspended execution once).

However, the defendant is against the charge that he does not repeat by recognizing the facts charged, selling vehicles, etc.

In addition, in full view of various circumstances, including the Defendant’s age, environment, occupation, and circumstances after the crime, the lower court’s punishment is unreasonable as it is unreasonable.

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

Criminal facts

The summary of facts and evidence recognized by the court is the same as the corresponding column of the judgment below, and thus, the summary of the facts and evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;