The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. Ex officio determination

A. The summary of the facts charged in this case and the summary of the facts charged in this case are as follows: on June 19, 2006, the defendant was sentenced to a fine of 2.5 million won for the crime of violation of the Road Traffic Act at the Sejong District Court’s Eunpyeong site on June 19, 2006; and on November 19, 2010, the same court was sentenced to a fine of 3.5 million won for the crime of violation of the Road Traffic Act (driving). On April 14, 2013, the defendant was sentenced to a fine of 3.5 million won for the same offense of violation of the Road Traffic Act. On April 14, 2013, the defendant, around 21-6: (a) from the 205:35-dong-dong-dong-dong-dong-dong-dong-dong-si to the Hanhae Sea-do-do-dong-dong-dong-dong-dong-dong-dong-dong-dong-only vehicle under the influence of 20.

With respect to the above facts charged, the prosecutor brought a public prosecution by applying Article 148-2 (1) 1 and Article 44 of the Road Traffic Act.

B. Article 148-2(1)1 of the Road Traffic Act (amended by Act No. 148-2(1)1, Jun. 8, 2011; Act No. 1481, Dec. 9, 2011; and Article 148-2(1)1 of the same Act (amended by Act No. 1481, Jun. 8, 2011) stipulates that a person who drives a motor vehicle, etc. while under the influence of alcohol in violation of Article 44(1) again shall be punished by imprisonment with prison labor for not less than one year but not more than three years,

However, with the enactment of the Road Traffic Act by Act No. 941 of Dec. 31, 1961, Article 39(1) provides that "no person shall drive a tramway or motor vehicle while driving a motor vehicle, etc. even if the person obtained a driver's license," and Article 39(2) provides that "the limitation of driving under the preceding paragraph shall be determined by Cabinet Ordinance," and Article 236 of the Road Traffic Act of Aug. 12, 1970.