The judgment of the court below is reversed.

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

except that, for two years from the date this judgment becomes final and conclusive.

1. The decision of the court below on the gist of the grounds for appeal (one year and two months of imprisonment) is too unreasonable;

2. In light of the fact that the court below, as stated in the circumstances unfavorable to the defendant, repeatedly committed the crime of drinking and unlicensed driving in this case by the defendant who had been punished twice due to the crime of violation of the Road Traffic Act due to drinking driving in this case, and committed the crime of repeated drinking and unlicensed driving, etc., the risk of repeating the crime of the crime of non-driving and non-driving. In addition, considering that the defendant committed the crime of drinking and non-driving without a license while being tried for the crime of drinking and non-driving, the nature of the crime is not weak.

However, in light of the following factors: (a) the Defendant committed the instant crime in a prison life for five months, and there is no record of punishment exceeding a fine; and (b) the Defendant’s age, character and conduct, environment, health conditions, motive, motive, circumstances after committing the instant crime, etc., the lower court’s punishment against the Defendant 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 as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

【Reason used in multi-level] Criminal facts and summary of evidence recognized by the court, and summary of evidence, are the same as stated in each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving under the influence of sound), and subparagraphs 1 and 43 of Article 152 of the Road Traffic Act; and

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act;