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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.
Reasons
1. The summary of the grounds for appeal (e.g., imprisonment with labor for not less than six months) of the lower court’s sentence against the Defendant is too unreasonable.
2. Determination as follows: (a) since an act of driving without a license is highly likely to cause harm to the life and body of another person as well as his/her own, it is deemed that the nature of the crime is not light; (b) the blood alcohol content of the defendant at the time of the instant case reaches 0.229%; (c) the defendant has eight criminal records for the same crime; (d) the defendant has eight times criminal records for the same crime; and (e) on July 20, 201, the Daejeon District Court sentenced 2 years of suspended sentence for 10 months of imprisonment with prison labor for the crime of violating the Road Traffic Act at the Daejeon District Court on July 20, 201; and (e) committed again the instant crime without being aware of the fact that he/she was sentenced to a fine in the support of the Daejeon District Court on August 22, 2012.
However, in full view of all the circumstances that led to the instant crime, such as the fact that the Defendant led to the confession of each of the instant crimes and reflects his mistake, the fact that if the Defendant is sentenced to a sentence for the instant case, the Defendant appears to lose his entire life, the Defendant appears to have been given an opportunity to satisfy and satisfy the quasi-satisfying of the punishment through confinement life for more than 3 months, the Defendant seems to have been seriously engaged in the Defendant’s efforts to stop and not repeat the crime; the Defendant’s family members and persons are family members, and other favorable circumstances that led to the instant crime, such as the circumstance and motive, after the commission of the crime, the circumstances after the commission of the crime, the Defendant’s age, character and conduct, family relationship, occupation and arguments, etc., the Defendant’s punishment imposed by the lower court is somewhat unreasonable. Therefore, the Defendant’s assertion is justified.
3. Thus, the defendant's appeal is justified.