The judgment of the court below is reversed.

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

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The judgment that the defendant has been punished several times due to the same crime, including a suspended sentence, and that the defendant is likely to repeat the same crime by drinking or driving without a license when he/she is under the suspended sentence due to a violation of the Road Traffic Act.

On the other hand, the fact that the defendant repents and reflects his mistake, and that there is no record of punishment in excess of the suspended sentence due to the same crime, etc. are favorable to the defendant.

In addition, considering the cases of sentencing of all the sentencing conditions and similar cases mentioned in the instant case, such as the alcohol concentration concentration in blood, age, sexual behavior, environment, property status, motive for the commission of the crime and the circumstances after the commission of the crime, the lower court’s punishment is somewhat unreasonable.

Therefore, the defendant's above assertion is justified.

3. As such, the defendant'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 the defendant's appeal is again decided as follows.

【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 and Articles 148-2 (1) 1, 44 (1) (the point of drinking alcohol), subparagraph 1, 152 subparagraph 1, 43 (the point of driving without a license) of the Road Traffic Act, and the choice of imprisonment for each crime;

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. In light of all the sentencing conditions as examined in the determination of the grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act, the punishment shall be determined as ordered by taking into account the following factors: