The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of one year from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal that the court below rendered is too unhued and unfair.

2. The fact that the judgment defendant repents and reflects his mistake, and that the defendant has no record of punishment exceeding the fine due to the same kind of crime is favorable to the defendant.

On the other hand, the fact that the defendant has been punished several times for the same kind of crime since 2012, and in particular, it is difficult for the defendant to repeat the same kind of crime such as drinking of this case and driving without a license for driving without a license.

In addition, when comprehensively considering all of the sentencing conditions in the instant case, such as the Defendant’s age, sex, environment, motive for the commission of a crime, and circumstances after the commission of a crime, the lower court’s punishment is deemed to be too uneasible and unfair.

Therefore, the prosecutor's above assertion is justified.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

【Re-written part of the judgment below] Criminal facts and summary of the evidence recognized by the court and summary of the facts constituting the crime and summary of the evidence are identical to each of the corresponding columns of the judgment below. Thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148-2 (1) 1, 44 (1) (the point of drinking), 152 subparagraph 1, and 43 (the point of driving without a license) of the Road Traffic Act, and the choice of imprisonment, respectively;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In light of all the sentencing conditions as examined in the determination of Article 62-2 of the Criminal Act’s grounds for sentencing, the sentence as ordered shall be determined.