The judgment of the court below is reversed.

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

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (10 months of imprisonment) is too unreasonable.

2. If the defendant was sentenced to a punishment for a violation of the Road Traffic Act (unlicensed driving) even though he/she had the record of punishment several times for the same crime, and considering that he/she committed the crime in this case during the repeated crime period, it is inevitable to sentence the defendant as a punishment corresponding to his/her

However, in full view of the fact that the defendant recognized the crime of this case, the drinking volume of this case is relatively high, and the character and conduct of the defendant, the environment, the motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence of the court below is too unreasonable.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are the same as the corresponding columns of the judgment of the court 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 35 of the Criminal Act for aggravated repeated crimes;

1. As seen in the part on the grounds of appeal for the reasons of sentencing in Articles 53 and 55(1)3 of the Criminal Act regarding mitigation of small amount of punishment, the punishment shall be determined as ordered by taking into account the conditions unfavorable or favorable to the defendant, as set forth in the part on the grounds of appeal for the reasons of sentencing.