The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

except that, for two years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor and two months) of the lower court is too unreasonable.

2. On February 3, 2018, the Defendant’s crime of this case is subject to criticism, in light of the following: (a) even though the Defendant claimed a summary order on June 3, 2018 due to a drunk driving, the Defendant committed an unlicensed driving without obtaining a license on June 3, 2018, and without obtaining a license on July 2, 2018; (b) the Defendant’s blood alcohol concentration at the time of driving under the influence of alcohol; and (c) a number of disqualified foreigners employed by the Defendant.

However, in full view of all the sentencing conditions, including the defendant's age, character and conduct, environment, circumstances after the crime, etc., the sentence of the court below is too unreasonable, in light of the following: (a) the defendant committed the crime in this case; (b) the defendant did not want the punishment of the defendant; (c) the victim D by agreement with the victim D of traffic accident; (d) the degree of injury suffered by the victim D is minor; (e) the period of employment of qualified foreigners is relatively short, and there was no criminal record exceeding the same criminal record and fine; and (d)

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.

【Reason used in multi-level] Criminal facts and summary of evidence recognized by the court and summary of the facts constituting the crime and summary of evidence are as stated in each corresponding column of the judgment of the court below. Thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-11 of the former Act on Special Cases concerning the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 15981, Dec. 18, 2018); Article 94 Subparag. 9 and Article 18(3) of the Immigration Control Act (amended by Act No. 15981, Dec. 18, 201); Articles 148-2(2)2 and 44(1) of the Road Traffic Act; Article 152 Subparag. 1 of the Road Traffic Act as to the crime.