The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

However, for three years from the date this judgment becomes final and conclusive.

1. The gist of the reasons for appeal is that the original court’s punishment (one year and four months of imprisonment) is too unreasonable;

2. The judgment-free driving is a very dangerous crime that may cause unexpected behaviors to the life and home of others by raising the possibility of traffic accidents, and is bound to bear strict responsibilities for the relevant acts in order to prevent such crimes.

In light of the fact that the Defendant committed the instant crime before and after three times since 2006 due to the same crime, and even if he was sentenced to a suspended sentence on July 18, 2019, he/she committed the instant crime immediately before the judgment became final and conclusive.

However, in full view of the following circumstances: (a) the Defendant reflects his mistake during the period of detention for about four months; (b) the lung cancer was discovered during the period of detention; (c) it seems difficult for him to concentrate on cancer treatment in the future; (d) there was no personal or physical accident due to cancer; and (d) the personal or physical accident occurred due to a low time rate; and (e) the Defendant was found to have relatively high level of blood alcohol level due to a low rate of time; and (e) other circumstances favorable to the previous criminal act; (b) the time interval between the motive, process, and method of the instant criminal act; (c) the motive, and method of the instant criminal act; (d) the circumstances before and after the instant criminal act; and (e) the Defendant’s age, character, conduct, career, and environment as shown in the argument of

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by this court are all the same as that of each 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. Relevant provisions concerning facts constituting an offense;