The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment shall be imposed for a period of two years from the date this judgment becomes final and conclusive.

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. On the other hand, the quality of the crime is very poor because the defendant was punished three times for the same kind of crime, and one month has passed since he was punished for driving under the influence of alcohol.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime; (b) the Defendant has an opportunity to reflect the Defendant’s life through confinement for a certain period; (c) the Defendant has no criminal record exceeding the fine; and (d) the Defendant’s age, sex conduct, environment, family relationship, and circumstances after the commission of the instant crime; and (b) the Defendant’s punishment imposed by the lower court is somewhat unreasonable and unfair; and (c) the Defendant and his defense counsel’s allegation of the above punishment is reasonable.

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

Criminal facts

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

Application of Statutes

1. Relevant Article of the Act and Articles 148-2 (1) 1, 44 (1) (the point of drinking) of the Road Traffic Act concerning the facts constituting an offense, and Articles 152 (1) and 43 (the point of driving without a license) of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decisions 53 and 55 (1) 3, Mar. 1, 19

1. Article 62 (1) of the Criminal Act (wholly considering the favorable circumstances) of the suspended execution;

1. The observation of protection and the community service order under Article 62-2 (1) of the Criminal Act;