The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the period of two years from the date this judgment becomes final and conclusive.

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The Defendant had the record of having already been punished four times due to drinking driving, and in particular, even though he was fined twice due to drinking driving only in 2016, he drives a vehicle in the state of drinking 0.184% of alcohol level without a driver's license of the vehicle again. The crime of embezzlement, fraud, and quasi-Fraud in this case is not likely to be committed by embezzlement of social welfare benefits paid to the victim together with the victim who is disabled, or embezzlement of loans and land purchase proceeds by using the victim. Since it is not familiar with the victim who is disabled, it is necessary to punish the Defendant in the manner that the Defendant is driving without a driver's license again without being aware of the fact that he was prosecuted for each of the above crimes and tried to drive without a driver's license.

However, the defendant's mistake is recognized, and the vehicle is disposed of, and the driver will not again drive the drinking and non-licensed driving while disposing the vehicle.

In full view of the following circumstances: (a) the Defendant did not have any previous conviction in addition to a fine; (b) the Defendant paid the amount of damage to the victim in the original instance; and (c) the victim was not punished by the Defendant in agreement with the victim at the time of the first instance trial; and (d) other various circumstances, such as the Defendant’s age, sexual conduct, environment, family relationship, etc., the lower court’s punishment is deemed unfair because it was excessively unreasonable.

3. The decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following is again decided after pleading (the prosecutor's appeal is without merit, but the prosecutor's appeal is not dismissed in the order as long as the judgment of the court below is accepted by the defendant's appeal and the judgment of the court below is reversed). [The reasons for the new decision] Criminal facts and the summary of evidence recognized by the court in this case are the corresponding columns