The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

except that the ruling shall be made for one year from the date of the final judgment.

1. The sentence of the lower court against the accused (six months of imprisonment) is too unreasonable.

2. The crime of this case is deemed to require severe punishment in light of the purpose of the Road Traffic Act, which is the punishment to increase the statutory punishment when the defendant has been punished twice or more due to drinking driving, despite the fact that the defendant had been under the influence of punishment, and has been under the influence of drinking driving and driving without a license, despite the fact that the defendant has been under the influence of punishment two times due to drinking driving and driving without a license, and even if there have been several records of punishment, the defendant has reached the crime of this case. Meanwhile, the defendant's confession of the crime of this case and the defendant seems to have an opportunity to reflect on his life for more than two months, and the blood alcohol concentration of the defendant is 0.065% and is not high, and the distance of the defendant's driving has not occurred due to drinking driving, it does not interfere with traffic due to the defendant's failure to repeat the crime of this case; the defendant's disposal of the vehicle used in the crime of this case; the defendant's wife of the defendant and his defense counsel's age in this case after considering the circumstances and circumstances of unfair sentencing.

3. In conclusion, the judgment 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 following judgment is rendered again after pleading.

Criminal facts

The summary of the facts charged by the court and the summary of the evidence are the facts charged and the summary of the evidence. "Defendants" described in the first head of the judgment of the court below is the main branch of the Jeonju District Court on May 27, 2010.