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 two years from the date this judgment became final and conclusive.

1. The sentence imposed by the court below (eight months of imprisonment) is too unreasonable.

2. The crime of this case is an unfavorable circumstance to the Defendant, where the Defendant had already been under the influence of alcohol driving more than twice, and the case is not less than that of operating a vehicle without a driver's license while under the influence of alcohol 0.143% of the blood alcohol concentration at the time, and the Defendant has been punished several times due to drunk driving and without a driver's license in the past (one-year imprisonment, two-time suspension of the execution of imprisonment, and six-time fines).

However, in full view of all the circumstances that are favorable to the defendant, such as the fact that the defendant is led to confession and reflect, that the defendant is located in the location of supporting the married parents and minor children, that the economic condition of the defendant is not good, that the defendant sells the vehicle driven at the time of the instant case, and that the defendant would not repeat again, and that the crime of the instant case is not a crime during the period of repeated offense or during the same suspended execution period, and that the defendant's crime of the instant case is not a crime during the period of repeated offense or during the same suspended execution period, the character, conduct and environment of the defendant, the circumstances and results of the instant crime, etc., and the conditions of the sentencing as shown in the records and arguments, the punishment imposed by the

3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment below is ruled as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns 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. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Commercial concurrence;