The judgment of the court below is reversed.

The punishment of the accused shall be four months by imprisonment.

1. The sentencing of the court below (two years of suspended execution in August, and forty hours of law-abiding driving) on the gist of the prosecutor's grounds of appeal is too unfasible and unfair.

2. The court below's decision on the grounds of appeal recognized the defendant's mistake, and there are some other circumstances to be taken into account in the course of the crime of this case. However, even before the previous 2001, the defendant had been punished for fines and suspended execution for the same kind of crime of this case six times as the same crime such as drinking and driving without a license since 201. In this case, despite the detection of drinking and driving without a license on July 8, 201, the defendant was found to have been exposed to driving without a license on the 31st day of the same month, and other various circumstances that are the conditions for sentencing as shown in the arguments and records of this case, such as the defendant's age, character and behavior, environment, motive for the crime, and circumstances after the crime, are recognized as being somewhat unafford and unfair. Thus, the prosecutor's argument is justified.

3. According to the conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.

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 (2) 3, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act; and

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crime in the original judgment is the crime of violation of the Road Traffic Act as referred to in paragraph (1) and the crime of violation of the Road Traffic Act between the crimes without a license);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the Criminal Act;