The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the period of two years from the date this judgment becomes final and conclusive.

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. The instant crime requires strict punishment for the Defendant, taking into account the following: (a) the Defendant, while under the influence of alcohol with 0.157% a blood alcohol level, led the victim to an injury of two weeks of care to the victim by shocking the victim while driving a vehicle without a driver’s license; (b) the Defendant was charged with driving another driver without a driver’s license after being prosecuted; (c) the nature of the relevant crime was inferior; and (d) the Defendant had a record of criminal punishment several times due to drinking and driving without a driver’s license.

However, in light of all the sentencing conditions shown in the argument of this case, including the Defendant’s age, sex, family environment, etc., the lower court’s punishment is somewhat unreasonable, and thus, is recognized as unfair in light of the following: (a) the Defendant led to the confession of the instant crime and reflects the mistake; (b) the Defendant agreed with the victim; (c) the Defendant has no record of criminal punishment exceeding the fine; and

Therefore, the defendant's argument is justified.

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 it is again decided as follows after pleading.

Criminal facts

The summary of facts and evidence recognized by this court is identical to the corresponding column of the original judgment, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3(1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2(1)1, and Article 44(1) of the Road Traffic Act concerning criminal facts, and Articles 152 subparag. 1 and 43 of the Road Traffic Act (a point of driving without a license) concerning traffic accidents;

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

1. As to the crime of violation of traffic laws at the option of punishment, and the crime of violation of traffic laws on roads, imprisonment with prison labor and the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents shall be applied.