The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of eight months) is too unreasonable.

2. The judgment of the Defendant was sentenced to punishment on several occasions due to driving without a license for drinking, and in particular, on March 29, 2016, on the grounds that the Daejeon District Court was sentenced to imprisonment for 8 months as a crime of violation of Road Traffic Act (driving) in the Redness Support for the Daejeon District Court, and was sentenced to 2 years of suspended sentence, and again committed the instant crime during the suspended sentence period.

However, there are circumstances to recognize the Defendant’s crime of this case and to reflect the mistake, to consider the motive and circumstance of the Defendant’s driving, and to the punishment for which suspension of execution was invalidated and suspended in the event the sentence becomes final and conclusive due to the instant crime, the above suspension of execution of sentence should be imposed concurrently, and in addition, if comprehensive consideration of the Defendant’s age, sexual behavior, environment, means and consequence of the instant crime, circumstances before and after the instant crime is considered, the lower court’s punishment is somewhat unreasonable.

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

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the corresponding column of the judgment below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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

1. Selection of imprisonment with prison labor chosen;

1. Prior to the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act, the sentencing conditions as described in Article 55(2) shall be comprehensively considered, and the sentence shall be determined as per the text.