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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
1. The sentence of one-year imprisonment sentenced by the court below to the defendant is too unreasonable.
2. The judgment of the driving of a motor vehicle is a serious crime causing danger to the life and body of himself/herself and others. The revised Road Traffic Act strengthened criminal punishment by raising the statutory punishment for such crime. In particular, if a person who has been punished for driving a motor vehicle at least twice under the influence of alcohol drives drives a motor vehicle again, the provision was newly established to impose imprisonment of not less than one year but not more than three years or a fine of not less than 10 million won and not more than 5 million won. Each of the crimes of this case is a crime of violating the Road Traffic Act, which has already been five times or more due to the violation of the Road Traffic Act, and is driving a motor vehicle under the influence of not more than 0.13% of alcohol concentration without a driver's license. Since the defendant's driving of a motor vehicle under the influence of alcohol and the risk of driving a motor vehicle under the influence of alcohol without a license, it seems that there are considerable or inevitable circumstances that the defendant, at the time, should drive a motor vehicle under the influence of alcohol and without a license, even though he/she has already been sentenced to imprisonment for more than 17 months.