The judgment of the court below is reversed.

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

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year and two months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The judgment of the defendant is an unfavorable condition to the defendant that he/she takes two times or more under the condition that he/she is not allowed to drive while under the suspension of the execution of imprisonment due to driving without a license.

However, in light of the fact that the defendant led to his/her criminal act, has no record of being sentenced to punishment due to drinking or unlicensed driving, the location of his/her stopping at the time, and the vindication of the defendant, etc., the distance of his/her previous criminal act appears to be a short distance, and considering the fact that the suspension of execution of all the judgments stated in the judgment of the court below was revoked due to each of the crimes of this case, and that detention is planned for a considerable period of time, and the defendant's age, sex, behavior, environment, motive, means and consequence of the crime, circumstances after the crime, etc. and various sentencing conditions specified in the arguments, the court below's punishment is somewhat inappropriate, and the defendant's assertion

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is reversed and it is again decided as follows

[Re-written judgment] The summary of the facts constituting an offense and the evidence is identical to each corresponding column of the judgment below, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act and Articles 148-2 (1) 1, 44 (1) (the point of drinking) of the Traffic Act concerning the facts constituting an offense, and Articles 152 (1) and 43 (the point of driving without a license) of the Road Traffic Act, and Articles 152 (the point of driving without a license) of the Road Traffic Act;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (only between a violation of the Road Traffic Act due to drinking on the date of the crime as indicated in the judgment and a violation of the Road Traffic Act due to driving without a license);

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Code, and Article 38.