The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of eight months) is too unreasonable.

2. Although the defendant had been punished several times due to drinking and non-licensed driving, he again committed the instant crime within a short period during the suspension of execution, and even a relatively high degree of alcohol level of the defendant's blood alcohol level during the period of suspension of execution. However, the defendant led to the confession of the instant crime, and his life in depth through confinement. The Defendant did not cause any traffic accident by driving under drinking and non-licensed driving, the defendant is at the third degree disability of the mental delay, supporting the old, and not re-offending, such as disposing of 10 months after the sentence is imposed, the defendant's age, sex, living environment, the means and result of the instant crime, and the circumstances after the crime, etc., and all the sentencing conditions shown in the records and changes theory are considered to be somewhat unfair.

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 reasonable, and the following decision is rendered after pleading.

Criminal facts

The summary of the facts charged and the evidence against the defendant recognized by this court is identical to each corresponding column of the judgment below, and thus, it is also accepted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2 subparag. 1, Article 44 subparag. 1, Article 154 subparag. 2, and Article 43 of the Road Traffic Act concerning the facts constituting an offense, and Articles 46 subparag. 2 and 8 of the Guarantee of Automobile Compensation Act (the operation of an automobile which is not mandatory insurance);

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (Libageing) and 40 (Libageing) of the Road Traffic Act and crimes of violating the Road Traffic Act (Libageing) and punishment are heavier;