The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. Summary of grounds for appeal;

A. The prosecutor’s sentence of the lower court (eight months of imprisonment) is too unhued and unreasonable.

B. The lower court’s punishment is too unreasonable.

2. The judgment is favorable to the defendant, such as the fact that the defendant reflects the crime, and supports five minor children.

On the other hand, the following is disadvantageous.

The Defendant again committed the instant crime even though he was sentenced to a fine for the same kind of crime, such as drinking driving, driving without a license, refusal of measurement of drinking, etc., and punished four times of suspended sentence.

In light of such criminal defendant's drinking, unlicensed driving habits, and attitude of lack of compliance consciousness, the risk of recidivism seems to be high.

Moreover, at the time of the instant case, the Defendant’s blood alcohol concentration was very high to 0.230%, and driving of a motor vehicle not covered by mandatory insurance, which may cause serious damage to the Habter.

In light of this point, it is necessary to punish the defendant strictly.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, and various sentencing conditions indicated in the instant records and pleadings, the lower court’s punishment is deemed to be too uneasible and unfair. Therefore, the Prosecutor’s assertion is reasonable and difficult to accept

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

(3) Article 369 of the Criminal Procedure Act provides that “If an appeal by a prosecutor is accepted and the judgment of the court below is reversed, the appeal by a defendant shall not be dismissed separately).” Criminal facts and summary of evidence recognized by the court are identical to facts constituting an offense and summary of evidence.”

Application of Statutes

1. Relevant Article of the Act and the Road Traffic Act concerning the crime;