The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. The Defendant committed the instant crime even though he/she had a history of criminal punishment on several occasions due to drinking and driving without a license.

At the time of the instant crime, the Defendant’s blood alcohol concentration was considerably high by 0.149%.

However, the defendant is able not to repeat the crime with his depth.

The mother of the defendant who is not healthy due to the detention of the defendant is experiencing difficulties in living.

In addition, considering all the sentencing conditions shown in the records and arguments of this case, such as the age, character and conduct, environment, and circumstances after the crime, the punishment sentenced by the court below 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 as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the statement in each corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of sound driving), Articles 152 (1) and 43 of the Road Traffic Act (the point of driving without a license) and the choice of imprisonment with prison labor;

1. Punishment for a violation of Article 40 or 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Article 62 (1) of the Criminal Act (Consideration favorable circumstances in the front);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;