The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for a period of two years 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. Even though there are seven or more records of the judgment of the defendant due to drinking or unlicensed driving, it is necessary to strictly punish the defendant, considering that he/she conducted drinking without a driver's license.

However, in light of all the sentencing conditions shown in the argument of this case, including the Defendant’s age, character and conduct, family environment, etc., the sentence imposed by the lower court is somewhat unreasonable.

Therefore, the defendant's argument is justified.

3. If so, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.

Criminal facts

The summary of the facts charged by the court and the summary of the evidence is the same as the corresponding column of the judgment of the court below, and thus, it is cited 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; and

1. Articles 40 and 50 (the punishment imposed on a violation of the Road Traffic Act as of February 26, 2015 and a violation of the Road Traffic Act as of February 26, 2015) of the Commercial Concurrent Crimes Act, and the punishment imposed on a violation of the Road Traffic Act as of which punishment is heavier;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment determined for a violation of the Road Traffic Act with heavier punishment);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered in the preceding favorable circumstances);

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. Social services;