The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and three months.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year and six months of imprisonment) is too unreasonable.

2. In light of the arguments in this case and the reasons for sentencing indicated in the records, such as the Defendant’s age, character, environment, social relation, etc., the lower court’s punishment seems to be unfair and unfair, as it appears that the Defendant’s punishment is unreasonable, on the grounds that the Defendant’s assertion of sentencing is justifiable, since it appears that the Defendant’s punishment is unreasonable, since it is inappropriate in light of the following: (a) the Defendant’s confession of and reflects the instant crime; (b) the drinking of this case and driving without a license did not lead to an accident; and (c) the Defendant’s imprisonment was invalidated on November 22, 2019 and the suspension of execution was invalidated for three years;

3. As such, the defendant's appeal is with merit, 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 after pleading.

【Grounds for a new judgment】 The facts constituting a crime and summary of evidence recognized by the court are identical to the facts stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2 (1), Article 44 (1) (the point of drinking), subparagraph 1 of Article 152, and Article 43 of the Traffic Act concerning facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;