The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

1. The sentence imposed by the lower court (two years of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The judgment is an unfavorable circumstance, such as the fact that the Defendant had been punished several times due to drinking or unlicensed driving (eight times of fine and two times of suspended sentence of imprisonment) and drinking or unlicensed driving, and repeatedly committed the crime two times in a short period, and that the blood alcohol concentration was considerably high.

However, in full view of all the favorable circumstances, including the Defendant’s age, character and conduct, environment, motive and means of the crime, and circumstances after the crime, such as the fact that the Defendant recognized the crime, was committed in depth, that the Defendant did not have any criminal record and was punished for the last time due to drunk driving in 2013, and that the vehicle was scrapped and does not repeat the crime in this case, etc., the lower court’s punishment is deemed unfair because it is too 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.

【Reasons for the Judgment of the Court which has been written] The summary of facts constituting a crime and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Road Traffic Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act, which apply to the punishment for a crime;

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. A variety of sentencing factors are considered in determining the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act.