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. Although the judgment defendant had been punished several times due to drinking and driving without license, he again committed the instant crime.

The degree of blood alcohol concentration was 0.163%, and the crime is not easy in that it commits the crime of forging and exercising the signature by entering another person's name in the driver's column in order to avoid punishment after crackdown.

However, since 2004, the defendant did not have any record of being punished for the same kind of crime except for the punishment of fines twice in 2008 and 2011, and the defendant scrapped and does not repeat the vehicle by breaking the error in depth of the crime.

The defendant is not a traffic accident, and there is also a situation in which he is responsible for living by cultivating the father of a middle school student's father after divorce.

In addition, considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, the sentence imposed 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 on the grounds that the defendant's appeal is with merit.

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 provisions of Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 239 (1) of the Criminal Act, Article 239 (2) and (1) of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crimes of violation of the Road Traffic Act and the violation of the Road Traffic Act (the crimes of non-licensed driving) shall be more severe;