The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Provided, That the above punishment shall be imposed for three years from the date this judgment became final and conclusive.

1. The sentencing of the lower court (ten months of imprisonment) is too unreasonable.

2. The Defendant committed each of the instant crimes even after being punished several times due to driving without a license for drinking alcohol. However, the Defendant committed the first crime of this case since one month has not passed since he was found to have been punished immediately before, and the Defendant committed the second crime while being served a summons of the Defendant on the instant case but did not appear in the trial.

At the time of each detection, the blood alcohol concentration also is 0.196% and 0.230%.

However, the sentencing of the court below is too heavy when considering the fact that the defendant has no record of being sentenced to a suspended sentence or heavier punishment for the same crime, the fact that the defendant lives in prison for more than three months, and the sentencing conditions specified in the arguments such as the defendant's age and environment are considered.

3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered again.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2 (1) 1 of the Road Traffic Act (the point of a sound driving), Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, Article 154 subparagraph 2 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (hereinafter referred to as the "Commercial Concurrent Crimes") and between the crimes of violating the Road Traffic Act as of October 27, 2014 and the crimes of violating the Road Traffic Act as of October 27, 2014, and the crimes of violating the Road Traffic Act as of June 16, 2015 and the violation of the Road Traffic Act as of June 16, 2015.