The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (limited to four months of imprisonment, one year of suspended sentence, one year of probation, and 40 hours of an order to attend a law-abiding lecture) that the court below sentenced is too uneasible and unfair.

2. The judgment of the court below is that the defendant led to the confession of the crime of this case, that the defendant is aged, that the defendant's health condition and property status are not good, while the crime of this case was committed under the influence of driving at once without a license despite the fact that the defendant had been punished twice due to the violation of the Road Traffic Act. According to Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act applicable to the defendant's crime of drunk driving of this case, the statutory punishment is a fine of not less than 1 year but not more than 3 years, or a fine of not less than 5 million won and not more than 10 million won. Thus, even if the defendant selects a sentence among them, if the sentence is reduced, the maximum sentence of the applicable punishment is 6 months of imprisonment, and other factors such as the defendant's age, character and behavior, environment, family relationship, motive, means and consequence of the crime of this case, etc. are considered to be unfair.

3. In conclusion, the prosecutor'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 it is again decided as follows.

Criminal facts

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

Application of Statutes

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) (a point of driving sound), subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution;