The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, for three years from the date this judgment becomes final and conclusive.

1. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.

2. The judgment below held that the Defendant committed the instant crime even if the same criminal records were available, and the Defendant committed the instant crime on January 21, 2015 due to drinking and driving without a license on drinking on May 26, 2015. However, the Defendant’s punishment is somewhat unreasonable by taking full account of various circumstances, including the Defendant’s age, environment, character and conduct, motive for the crime, and circumstances before and after the crime, etc., and the sentencing conditions as shown in the instant records and arguments, including the following: (a) the Defendant was committed on May 26, 2015; (b) the Defendant committed a crime; (c) there was no criminal record of a fine or heavier punishment; (d) the Defendant was discovered due to drinking and drinking; and (e) the Defendant was found to have not caused any accident; and (e) the Defendant again did not drive without a license or drinking; and (e) the Defendant is deemed to have been subject to a condition for sentencing as indicated in the instant records and pleadings.

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

Criminal facts

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

Application of Statutes

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving under the influence of sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act; and

1. A punishment provided for in Articles 40 and 50 of the Criminal Act among the crimes of violation of the Road Traffic Act on January 21, 2015 and the crimes of violation of the Road Traffic Act (free license) and the crimes of violation of the Road Traffic Act on May 26, 2015, and the crimes of violation of the Road Traffic Act (free license) and the crimes of violation of the Road Traffic Act (free license), and the punishment provided for the crimes of violation of the Road Traffic Act (free license) with heavier penalty than each sentence);

1. Selection of each sentence of imprisonment;