The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The crime of this case is deemed to have been committed by the Defendant without a license, and the Defendant has been committed five times together with that of the Defendant, and the two times among them, the necessity of strict punishment against the Defendant is recognized in view of the fact that the Defendant was a previous criminal offense.

However, in full view of the various circumstances, including the following: (a) the Defendant was detained for a period of two months due to the instant crime; and (b) the Defendant was detained for a period of two months; and (c) the Defendant was repented in depth; and (d) the motive for driving a license without a alcohol license; (b) there are some circumstances to consider the motive after the period of suspension of execution is excessive; (c) the blood alcohol level was an offense after the period of suspension of execution; (d) the blood alcohol level does not reach the revocation value of the driver’s license; and (e) the Defendant’s detention entails excessive difficulties for his family members; and (e) the background of the instant crime; and (e) the Defendant’s age and happiness environment; and (e)

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.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 of the Criminal Act: