The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

1. The punishment of the court below (one year and six months of imprisonment) is too unreasonable.

2. It is recognized that the Defendant had the record of punishment for drinking driving or unlicensed driving on several occasions, which is the Defendant, committed the instant crime during the period of repeated crime, the blood alcohol concentration of the instant case is high, and that the Defendant escaped after the instant crime.

However, considering the fact that the Defendant recognized all of the instant crimes, the statutory punishment for the instant crime was strengthened, the Road Traffic Act prior to the amendment by Act No. 16037, Dec. 24, 2018, and the overall conditions of sentencing indicated in the records, such as the Defendant’s age, character and conduct, environment, circumstances of the crime, and circumstances after the crime, the lower court’s punishment seems somewhat unreasonable.

Therefore, the defendant's assertion of unfair sentencing is justified.

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.

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting the offense and summary of evidence, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning criminal facts: Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (Unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act among repeated crimes;