The judgment of the court below is reversed.

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

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

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of eight months) is too unreasonable.

2. When it was controlled by the police due to a driverless driving without a license, the crime of this case committed against the police officer by giving his name is very bad.

In addition, the defendant has been punished twice due to drinking driving and six times due to driving without a license, and the defendant has no record of obtaining a driver's license.

However, the Defendant is against the charge, and the Defendant seems to have sufficient opportunity to reflect during the period of three months of detention due to detention. The alcohol concentration in the blood of this case is 0.055% and is not so high.

In addition, the defendant seems to have done many preceding tasks in local communities, such as singing service activities.

In addition, comprehensively taking account of the various circumstances that form the conditions for sentencing as shown in the record, such as the Defendant’s age, sex, environment, background leading to the commission of the crime, and circumstances after the commission of the crime, the lower court’s punishment is unreasonable.

3. Since the defendant's appeal is with merit, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the arguments are ruled as follows.

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are identical to each corresponding part of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2 subparag. 3 of the relevant Act on the Traffic of Roads (the point of drinking alcohol), Article 152 subparag. 1, Article 43 of the Road Traffic Act (the point of driving without a license), Article 231 of the Criminal Act (the point of operating private documents) and Articles 234 and 231 of the Criminal Act concerning the facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the crimes of violation of the Road Traffic Act (driving without a license) and the crimes of violation of the Road Traffic Act (driving without a license), and punishment provided for the crimes of violation of the Road Traffic Act, of which punishment is heavier);

1. Selection of each sentence of imprisonment;

1. Aggravation concurrent crimes;