The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and six months.

1. The summary of the grounds for appeal (two years of imprisonment) by the lower court is too unreasonable.

2. The following determination is an unfavorable circumstance to the Defendant.

The Defendant was punished several times, including imprisonment, due to drinking or unlicensed driving.

On April 19, 2016, the Defendant was sentenced to six months of imprisonment with prison labor at the Gwangju District Court on April 19, 2016, and appealed on April 29, 2016, and again committed the instant crime at least seven days during the period of the stay of execution due to the same crime.

In light of the defendant's repeated drinking practice behavior and the state of law, it is necessary to punish the defendant strictly.

On the other hand, the following conditions are favorable.

Defendant said that he would not commit the instant crime against himself and will not repeat the crime.

The length of the section that the defendant drives without obtaining a driver's license is not driving.

The blood alcohol concentration at the time of the instant crime is relatively high.

In addition, considering the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, environment, etc., as a whole, various sentencing conditions shown in the records and pleadings, etc., the lower court’s punishment is somewhat inappropriate, and thus, the Defendant’s assertion is with merit.

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

Criminal facts

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

Application of Statutes

1. Relevant laws concerning criminal facts, Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act (a point of sound driving), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 152 of the Road Traffic Act;