The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that, for two years from the date this judgment becomes final and conclusive.

1. The main point of the grounds for appeal is that the court below's imprisonment (six months of imprisonment) is too unreasonable.

2. The fact that the Defendant had criminal records, as stated in the judgment of the court below, again led to driving of the instant drinking or non-license without permission, and that the blood alcohol concentration is high is not good.

However, in light of the fact that the Defendant's drinking driving force was long except in 2018, the lower court's punishment is somewhat heavy, considering all factors of sentencing as shown in the argument of the instant case, such as the Defendant's age, character and conduct, environment, motive and means of the crime, and circumstances after the crime.

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, and the judgment below is ruled as follows.

【Grounds for the Judgment of the Supreme Court which has been written] The facts constituting a crime and summary of evidence recognized by the court are identical to the facts constituting a crime in the original judgment, and the summary of evidence is identical to each corresponding column of the original judgment. Thus, they are cited in accordance with Article

Application of Statutes

1. Article 148-2 (2) 2 and Article 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018 and enforced June 25, 2019); Article 152 (1) and Article 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. To determine the punishment as per the Disposition, taking into account the various circumstances which serve as the conditions for sentencing prior to the reasons for sentencing under Article 62-2 of the Criminal Act;