The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

1. The sentence of one-year imprisonment sentenced by the original court on the summary of the grounds for appeal is too unreasonable.

2. The judgment of the court below is clear that there are various circumstances supporting the necessity of sentencing more severe punishment to the defendant, such as driving a motor vehicle without a driver's license, even though the defendant was sentenced to 8-month imprisonment due to driving without a driver's license in 2014 and was sentenced to 7-month punishment due to driving without a driver's license, in the state of drinking alcohol level of 0.126% again during the period of repeated crime of the same same kind of punishment, and left the scene without taking necessary measures to raise a traffic accident while driving a motor vehicle without a driver's license. Even after the defendant was indicted for the above case and submitted a written reply to the purport that the defendant want to take advantage of his or her influence level of blood alcohol level of 0.193%, and driving a motor vehicle without a driver's license. However, it is too excessive to consider the circumstances such as the borrower of the motor vehicle damaged in the investigative agency and the fact that the defendant agreed to do so, and the circumstances such as the defendant's age, character and behavior, circumstances, and circumstances after committing the crime.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of facts and evidence recognized by the court is the same as that of the corresponding part 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) 1, Article 44 (1) of the Road Traffic Act (the point of sound driving), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the point of unauthorized Driving), Articles 148 (1) and 54 (1) of the Road Traffic Act (the point of failure to take measures after causing damage) for criminal facts.