The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

The summary of the grounds for appeal (one year and four months of imprisonment) of the lower court is too unreasonable.

2. Determination is an unfavorable circumstance that the Defendant committed the same kind of crime even though he/she had been punished several times due to drinking or non-licensed driving, the Defendant was found to have been driving without a license within a short time even though his/her driver's license was revoked due to drinking, and the blood alcohol concentration is high.

However, in full view of the fact that the defendant recognized the crime and made a mistake against the defendant, the return of all the leased vehicles used for the crime and the failure to repeat the crime, there is no criminal conviction against the defendant, and the criminal conviction for the last drinking is 2010 years and there is a considerable interval between the case and the case, and all the sentencing conditions of the defendant during the argument of the case, such as the defendant's age, sex, family environment, motive for the crime, and circumstances after the crime, the sentence of 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 on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to each corresponding column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the point of drinking), Articles 152 subparagraph 1 and 43 of the Road Traffic Act (the point of driving without a license) and the choice of imprisonment, respectively;

1. In the judgment on the grounds for sentencing under Articles 37 (former part), 38 (1) 2, and 50 of the Act on the Aggravated Punishment of Concurrent Crimes, the sentence shall be determined as ordered by comprehensively taking into account the factors for sentencing as well as the various factors for sentencing, in the judgment on the grounds for sentencing under Articles 53 and 55 (1) 3 of the said Act.