The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.

2. As the court below explained in the reasons for sentencing, the defendant was punished once by driving without a license and was sentenced three times due to drinking, and was driving without a license even during the suspension period due to drinking, and again driving without a license.

However, if the defendant was sentenced to criminal punishment for the same kind of crime, the first and the second distance is not a relatively long, and there was no accident due to the operation of the defendant.

In addition, comprehensively taking account of the records of this case, such as the defendant's age, sex, and circumstances after the crime, and all the sentencing conditions shown in the theory of changes, the court below's punishment is deemed to be unfair because it is too unreasonable.

Therefore, the defendant's argument of sentencing is justified.

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, and the judgment below is ruled as follows after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column 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 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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act ( normal consideration in favor of the accused) of the mitigated amount;