The judgment of the court below is reversed.

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

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The judgment has many records that the defendant was punished for drinking or driving without a license even in the past, and the crime of this case is likely to cause human and material damage caused by a traffic accident while driving without a license or an insurance without a license, and the crime of this case is highly heavy in terms of the nature of the crime, and the defendant did not agree with the victims when considering that drinking water of the defendant was considerably high at the time when the defendant was involved in a traffic accident. However, the above argument of the defendant is reasonable in light of all the circumstances such as the confession of the crime of this case and the fact that the defendant is against the victim, that the victim was not injured, that part of the amount was deposited for the repayment of damage, and that the defendant's age, character and behavior, environment, circumstances leading to the crime of this case, and circumstances after the crime.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all 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. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes under the corresponding provisions of the Act on the Punishment, etc. of Specific Crimes concerning the crime, Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of a sound driving), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of a without a license driving), Article 151 of the Road Traffic Act (the point of a damage by negligence), Article 46 (2) 2, and Article 8 of the Guarantee of Automobile Accident Compensation Act (the point of operating an automobile which has not subscribed to mandatory insurance).