The judgment of the court below is reversed.

The punishment of the accused shall be determined by six months of imprisonment.

provided that this ruling has become final and conclusive.

Summary of Grounds for Appeal

The punishment of the court below (six months of imprisonment) is too unreasonable.

Judgment

The fact that the defendant is not aware of the fact that he was found to be a driver without a license or a drunk driving, and the fact that the defendant was a driver with a four-time drinking driving is an unfavorable sentencing factor.

However, in full view of the following factors: (a) the Defendant’s mistake against the Defendant and sold his own vehicle, and then sold it again; (b) most of the Defendant’s previous convictions were conducted 10 years ago; (c) the Defendant’s previous convictions were committed for the last ten years; and (d) there was no history of punishment heavier than a suspended sentence; and (e) the Defendant’s wife is the Defendant’s wife against the Defendant; and (b) other factors of sentencing as indicated in the pleadings, including the Defendant’s blood alcohol concentration; (c) the Defendant’s blood alcohol concentration level; (d) the background leading up to the instant crime; (e) the circumstances following the instant crime; (e) the Defendant’s age, character

3. Since the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision shall be rendered after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of Article 148-2 (2) 3, and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;