The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

except that, for two years from the date this judgment becomes final and conclusive.

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

2. The judgment is an unfavorable condition against the Defendant, in particular, that the Defendant was sentenced to a suspended sentence of imprisonment due to a violation of the Road Traffic Act (non-licensed driving) and was sentenced to a fine due to a non-licensed driving during the suspended sentence.

However, in full view of the following facts: (a) the Defendant recognized his mistake and reflects; (b) the drunk driving has no record of being punished beyond a fine; (c) the blood alcohol level at the time of the instant case was relatively low; and (d) other various sentencing conditions shown in the records and arguments, such as the Defendant’s age, character and conduct, environment, family relationship, motive and circumstance of the instant crime, driving distance, and circumstances after the instant crime, it is deemed that the sentence imposed by the lower court is too unreasonable.

Therefore, the defendant's above assertion is justified.

3. As such, the defendant's appeal is with merit, and 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.

【The part of the judgment rendered in multiple times】 Criminal facts recognized by the court in charge of criminal facts and summary of evidence and summary of evidence are the same as the entries of each corresponding column of the judgment of the court below. Thus, they are quoted as it is in accordance with Article 369

Application of Statutes

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

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration in favor of the determination under paragraph (2));

1. The reason for sentencing under Article 62-2 of the Criminal Act, such as probation, community service order and order to attend lectures.