The judgment of the court below is reversed.

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

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

1. Determination on the grounds for appeal

A. The decision of the court below on the gist of the grounds of appeal (eight months of imprisonment) is too unreasonable.

B. The instant crime is an offense that undermines road safety, and is highly harmful to society that may pose a serious risk to the life and body of others.

In addition, the defendant has been punished twice due to drunk driving and non-licensed driving, and even though he was indicted on October 12, 2012 due to drunk driving and non-licensed driving on October 12, 2012, he again conducted a drunk driving and non-licensed driving without attending the trial date.

Therefore, the criminal liability of the defendant is not against the law.

However, until now, the Defendant was punished by a fine for all the crimes of drunk driving and unlicensed driving, and the blood alcohol concentration level at the time of the crime of each of the instant drinking driving is relatively high.

In addition, the defendant recognized his mistake as a whole and reflects his depth, and again, he is going not to drive under the influence of alcohol or without a license.

In addition, when comprehensively considering all factors of sentencing, such as the age, character and conduct, environment, and family relationship of the defendant, the sentence of the court below is considered to be too inappropriate compared to the degree of criminal responsibility of the defendant.

Defendant’s assertion is with merit.

2. The judgment of the court below is reversed on the grounds of reversal as seen earlier, and it is so decided as follows.

Criminal facts

Criminal facts and the summary of evidence recognized by the court as stated in this Court shall be as stated in the corresponding columns of the original judgment.

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.The same date in Articles 40 and 50 of the Criminal Code of Trade and Trade.