The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. Summary of grounds for appeal;

A. The Defendant had mental and physical loss or mental weak condition under the influence of alcohol at the time of committing the instant crime.

B. The sentence of the lower court’s unfair sentencing (two years of imprisonment) is too unreasonable.

2. Determination

A. The Defendant’s assertion of mental and physical disorder is deemed to have drinking prior to the instant crime, but in light of the background, method, and the Defendant’s attitude before and after the instant crime, the Defendant did not have a mental and physical loss or mental weakness due to drinking.

It is reasonable to view it.

This part of the defendant's assertion is without merit.

B. Determination of the unfair argument of sentencing is that the Defendant has already been punished several times due to drinking driving, and that two of which are the two of which are suspended, driving a car by another without a license, and failing to comply with the police officer’s measurement of drinking alcohol is disadvantageous.

However, the defendant does not repeat again.

Although the defendant was parked in the course of driving without a license, the degree of the driver's license was insignificant and there was no serious traffic accident.

The defendant seems to have difficulty in enjoying a long-term period of detention because he is old 74 years of age and is not good in health status.

In full view of the above circumstances and all of the sentencing conditions shown in the arguments, including the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, and the record of the crime, the sentence imposed by the lower court is too unreasonable.

The defendant's argument of sentencing is justified.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled after pleading.

【Grounds for another judgment】 Facts constituting an offense and summary of evidence recognized by the court, the gist of which is relevant to the reasoning of the judgment below.