The judgment of the court below is reversed.

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

However, for a period of two years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal: The lower court’s imprisonment (six months of imprisonment and two years of suspended execution) is deemed to be too uneasible and unfair.

2. The Defendant acknowledges a mistake, reflects against himself/herself, and does not repeat the offense.

However, even though the Defendant was subject to criminal punishment of a fine of KRW 7 million due to drinking driving on March 2018, the Defendant again driven a motor vehicle without a license for only six months and caused a traffic accident that causes physical damage.

The blood alcohol concentration at the time of the instant crime is considerably high to 0.208%, and the blood alcohol concentration at the time of the previous crime of drunk driving was considerably high to 0.205%.

In light of these defendant's attitude, there is no possibility of recidivism.

In full view of these circumstances and other factors of sentencing, including the Defendant’s age, character and conduct, environment, details and details of the crime, and circumstances after the crime, the lower court’s sentence is deemed unreasonable as it is deemed unreasonable.

3. In conclusion, the prosecutor'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 it is again decided as follows.

[Discied reasoning of the judgment] Criminal facts and the summary of the evidence recognized by the court below and the summary of the evidence are the same as the corresponding column of the judgment below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2 (2) 1, and Article 44 (1) of the former Road Traffic Act (amended by Act No. 15530, Mar. 27, 2018; Act No. 15530, Mar. 28, 2019); Article 152 (1) and Article 43 of the Road Traffic Act concerning the crime;

1. Punishment provided for in Article 40 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution;