The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. Summary of the grounds for appeal and the sentencing (in the case of original trial, one year and two months of imprisonment, two years of suspended execution, 40 hours of taking courses, and 80 hours of community service);

2. Ex officio determination: Health class ex officio in violation of the principle of no accusation; while the court below acknowledged the facts charged that the defendant driven a drinking alcohol on at least two occasions despite the fact that the defendant had been driving a drinking alcohol, it did not apply Article 148-2 (1) 1 of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018) and recognized it as a violation of Articles 148-2 (2) 1 and 44 (1) of the same Act without any justifiable reason. The judgment of the court below is erroneous in the misapprehension of the principle of no accusation.

Therefore, the judgment of the court below can no longer be maintained.

3. Accordingly, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's argument of unfair sentencing, and it is again decided as follows through pleading.

[Discied Reasons for the judgment of the court] Summary of facts constituting an offense and evidence recognized by the court is as stated in the corresponding column of the judgment of the court below.

(Article 369 of the Criminal Procedure Act). Application of law

1. Relevant Article 5-11 of the Act on Special Cases concerning the Aggravated Punishment, etc. of Specific Crimes concerning the Crime, and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018; Act No. 16037, Jun. 25, 2019); imprisonment;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. Persons who take lectures, provide community service, or are serving the reason for sentencing under Article 62-2 (1) of the Criminal Act: Confessions, dependents (two children, etc.), etc.;