1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for six months;

1. The sentence imposed by the lower court (ten months of imprisonment) is too unreasonable.

2. The crime of this case is deemed to have been committed by the defendant for the same kind of crime and has been punished several times as punishment, but the defendant is driving the freight vehicle in the state of drinking alcohol concentration of 0.181% without driver's license of the motor vehicle at the same time during the period of repeated crime due to the violation of the Road Traffic Act (unlicensed Driving).

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime and seriously reflects the Defendant’s mistake; (b) the Defendant supported the Defendant’s unsound wife in an economically difficult situation; and (c) the Defendant’s age, character and conduct, environment, family relationship, and other circumstances that form the conditions for sentencing as indicated in the instant case, it is deemed that the sentence imposed by the lower court is too unreasonable.

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.

Punishment of the crime

On January 19, 2007, the Defendant was sentenced to a summary order of KRW 3,00,000 as a fine for a violation of the Road Traffic Act, etc. On December 26, 2007, the court was sentenced to imprisonment for the same crime, etc. on December 26, 2007. On March 18, 2009, the court was sentenced to three months of imprisonment for the same crime, etc. on March 18, 2009. On September 30, 2010, the Daejeon District Court was sentenced to three months of imprisonment for the violation of the Road Traffic Act (unlicensed Driving) and completed the execution of the sentence at the Chungcheong Detention House on December 30 of the same year.

Although the Defendant had been punished for drinking driving twice or more as above, on June 20, 2013, at around 21:45, the blood alcohol concentration is as follows: (a) from the front of a cafeteria located in the Gunsan Port on June 20, 2013 to the national golf roads located in the area of about 2km from the front of the cafeteria in the Gunsan Simpo-si.