The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

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

2. The Defendant had the record of criminal punishment four times for the same crime, and, in particular, even during the suspension of the execution due to driving without a license, once again drive without a license, while being under investigation, and again drive without a license for drinking or without a license. It is recognized that the nature of the crime is not easy and the risk of re-offending is high.

However, in the case of the crime committed on October 14, 2017, when the Defendant recognized the entire crime of this case and against the mistake, the Defendant left the driver to the proxy after drinking alcohol, but there are circumstances to consider the situation that led to the Defendant to drive the remaining distance to the direct destination. There are no personal and material damage due to the crime of this case. In addition, considering the Defendant’s age, sex, environment, circumstances, means and consequence of the crime, various sentencing conditions specified in the records and arguments, such as the circumstances after the crime, the lower court’s punishment is unreasonable.

Therefore, the defendant's argument 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 again as follows.

【Grounds for another judgment】 The summary of facts constituting a crime and evidence recognized by the core of facts constituting a crime and evidence is the same as the stated in each corresponding column of the judgment below, thereby citing them as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (as of August 23, 2017).