The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

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

Summary of Grounds for Appeal

The sentence of the lower court (a fine of five million won) is too unhued and unreasonable.

Judgment

It is recognized that the defendant led to the confession and reflect of the crime of this case. On the other hand, the defendant's blood alcohol concentration at the time of driving of this case was reached 0.170% due to the same act of violation of the Road Traffic Act, the crime during the period of probation of imprisonment due to the same act of violation of the Road Traffic Act, the past has the history of having been punished several times as the suspension of the execution of imprisonment or the fine, and the other defendant's age, character and behavior, environment, criminal records, circumstances after the crime, the risk of recidivism, etc. are considered comprehensively considering all the sentencing conditions such as the punishment of this case. Thus, the prosecutor's assertion is justified.

In conclusion, the prosecutor's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Punishment of the crime

On May 1, 2013, the Defendant, without obtaining a driver’s license at around 15:30 on May 1, 2013, driving a D-wing truck at approximately 400 meters from the front of the parking lot in the vicinity of the Sincheon-si, Bocheon-si, 170% of alcohol content, to the No. Gacheon-ri located in the same Eupncheon-ri.

Summary of Evidence

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

Application of Statutes

1. Relevant Article 152 subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of running a sound 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 62 (1) of the Criminal Act (i.e., confession and reflective nature);

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;