The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. In light of the following factors: (a) the Defendant, who had been punished several times, including the suspended sentence of imprisonment due to the violation of the Road Traffic Act due to a non-exclusive license for drinking without a license, committed the instant crime of driving a vehicle without obtaining a driver's license in the state of 0.197% in which the period of the suspended sentence has lapsed; and (b) the need for severe punishment for drinking driving, and the Defendant's attitude under the law, etc., the Defendant seems to need to be subject to severe punishment.

However, in light of all the sentencing conditions indicated in the records of this case, including the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, etc., as well as the fact that the Defendant committed the crime of this case, and it seems that the risk of drinking driving and the serious weight of penal laws through confinement for about two months, and the result of a traffic accident, etc. caused by drinking driving of this case, and that the Defendant’s family members and branch members want to take a preference against the Defendant, the lower court’s punishment is too unreasonable.

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

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment of the court below. 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 former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018) regarding criminal facts (the point of running sound driving).