The defendant's appeal is dismissed.

1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. Although the defendant does not have any favorable condition to the defendant such as recognizing a crime, the current Road Traffic Act provides that a person who has violated the provision prohibiting driving of drinking not less than twice for the purpose of preventing the driving of drinking which threatens the safety of road traffic from smoke and overcoming the awareness thereof, shall be punished more strictly. The defendant not only has the record of punishment for driving of drinking prior to the instant case, but also has a high possibility of criticism by driving of drinking without a driver's license even though he is under the suspension of the execution due to driving of drinking and non-licensed driving, but also has high risk of recidivism by driving without a driver's license, and the blood alcohol concentration is 0.10% higher than that of the defendant. On September 1, 2017, the court did not take into account that the defendant disposed of his own vehicle (F) in order not to drinking any more when he was sentenced to the suspension of the execution of imprisonment with prison labor due to driving of drinking and non-licensed driving on more than two occasions.

In light of the circumstances favorable to the situation, the judgment of the court below sentenced six months of imprisonment is reversed, and the defendant was sentenced to a suspended sentence of imprisonment (six months of imprisonment, two years of suspended execution, and 40 hours of order to attend a course).

In the instant case, in light of the fact that the Defendant had been driving without a license as the same vehicle with the same driving without a license, the Defendant seems to have been significantly lacking in awareness and awareness of the crime of drinking and driving without a license, and other circumstances unfavorable to the Defendant, such as the Defendant’s age, family relation, criminal records, sexual conduct, environment, means and method of the crime, motive and background of the crime, and circumstances after the crime, etc.