The judgment of the court below is reversed.

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

However, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The lower court’s imprisonment (eight months of imprisonment) against the Defendant is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. The circumstances unfavorable to the defendant are as follows.

Although the Defendant had a history of criminal punishment several times due to the violation of the Road Traffic Act due to the same driving without a license as the instant case, the Defendant committed a crime without a license for drinking, thereby causing high risk of re-offending, and thus, social consensus has been formed on the necessity of the strict driving without a license.

The conditions favorable to the defendant shall be as follows:

In addition, it seems that the defendant committed the crime of this case and affected his mistake in depth, and it seems that the risk of drunk driving or drinking driving was significantly differentiated through the detention life remaining in 2 months. In light of the blood alcohol concentration of the defendant at the time of this case is about 0.05% and the time of detection, etc., it seems that this case falls under the so-called "nive driving" of this case.

People including the wife and mother of the defendant want to be the wife of the defendant.

In addition, considering the following factors: the Defendant’s age, character and conduct, environment, health conditions, motive for committing the crime, and circumstances after committing the crime, the lower court’s punishment against the Defendant is somewhat minor.

It is too unreasonable rather than that.

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 following decision is delivered

(2) The Criminal Procedure Act provides that the prosecutor’s appeal shall not be dismissed inasmuch as the defendant’s appeal is accepted and the judgment of the court below is reversed. (3) The summary of the facts constituting an offense and the evidence admitted by the court is identical to the facts constituting an offense and the summary of the evidence.