The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

1. The sentence imposed by the lower court (six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. Although the Defendant had been punished three times by a fine due to driving of drinking, the Defendant was guilty of committing each of the crimes of this case at the same time, but the Defendant recognized and reflects the facts constituting the crime, and the Defendant would dispose of the vehicle which was driven at the time of this case and will not further commit the crime.

It is reasonable to take account of the following: (a) the Defendant’s wife and his parents want to take the lead of the Defendant, and (b) the Defendant’s wife wanted to take the lead; (c) there are no criminal records other than the previous criminal records, and there were no records of criminal punishment more than a suspended sentence; and (d) the Defendant’s period of reflect was near half of the sentence of the lower court, and thus, (e) the suspension of execution of imprisonment and observation of protection, community service, and attending order can be effective in preventing recidivism.

In full view of such circumstances and other circumstances as the defendant's age, environment, sexual conduct, circumstances before and after the crime, and the conditions of sentencing as shown in the records and arguments of this case, it is judged that the sentence imposed by the court below is too unreasonable.

3. Since the defendant's appeal is with merit, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of a small amount of punishment