The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. The summary of the grounds for appeal by the court below is too heavy (eight months of imprisonment) or is too heavy (the defendant).

2. In each of the instant crimes, the Defendant’s alcohol concentration in the blood was 0.141% each, and 0.159% each, while standing on the road.

The Defendant was punished four times (201, 2007, 2012, 2016) due to drinking driving, and four times (2001, 2002, 2007, and 2010) due to driving without a license, and was punished as a crime of violation of the Road Traffic Act (after-accident) by carrying the same vehicle as the vehicle used for the instant crime in 2015.

On June 22, 2016, the Defendant issued a summary order of KRW 5 million due to driving under drinking, but caused an accident by driving without a license on December 29, 2016. On March 18, 2016, the date of the trial in the instant case was served, and again driving without a license on drinking on March 18, 2016.

It is necessary to punish the defendant as it is not visible to revise.

In full view of the above circumstances and other factors, the lower court’s punishment is too unfeasible and unfair in light of the following conditions, such as Defendant’s age, sex, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime.

Therefore, the defendant's argument is without merit and the prosecutor's argument is with merit.

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

【Grounds for another judgment】 The facts constituting an offense and summary of evidence recognized by the court and the summary of the evidence are identical to the facts stated in each corresponding column of the judgment below, thereby citing them in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2 (1) 1 and Article 44 of the Road Traffic Act concerning facts constituting an offense.