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. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. In light of the need for severe punishment for driving under the influence of alcohol and the possibility of recidivism, the accused, who has been punished several times due to the violation of the Road Traffic Act due to the driving under the influence of alcohol in the state of drinking alcohol concentration of 0.088%, has committed the instant crime without a driver's license, and considering the need for severe punishment for driving under the influence of alcohol and the possibility of recidivism, it is necessary for the accused to have a strict punishment corresponding to his responsibility.

However, considering the following: (a) the Defendant’s perception of committing the instant crime, and the Defendant’s mistake in depth reflects the criminal records, and there is no criminal records sentenced to a sentence for two months, it appears that the risk of drinking driving and the strictness of penal provisions are significantly distinctive; and (b) other factors of sentencing specified in the records of the instant case, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the instant crime; and (c) the punishment of the lower court is deemed unfair because it is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

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

1. Suspension of execution;