The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. The sentence (3 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. The circumstances favorable to the defendant include the fact that the defendant recognized his mistake and reflected his mistake, that there was no additional traffic accident due to the crime of this case, and that there was a family member to support.

However, the crime of this case is committed by the defendant driving a vehicle 3 km in a state where his driver's license was revoked due to drinking, causing danger to traffic, and the quality of the crime is inferior, and the defendant has been subject to four criminal punishment for the same crime and one-time juvenile protective disposition on November 26, 2014. In particular, the defendant committed the crime of this case on June 5, 2015, which was sentenced to two years of probation on June 6, 2015, and again committed the crime of this case, even if he was under probation, and was again committed the crime of this case, the defendant's age, family relation, relationship, criminal records, sex, environment, means and method of the crime, motive and circumstance of the crime, etc., the prosecutor's above assertion is justified.

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

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated 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. Determination of the grounds for appeal as to the above grounds for sentencing under Article 152 subparag. 1 and Article 43 of the Road Traffic Act (Selection of Imprisonment) concerning the relevant criminal facts and Articles 152 subparag. 1 and 43 of the Road Traffic Act shall be made by taking into account the various circumstances as seen in the above.