The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. The summary of the grounds for appeal (two years of imprisonment) by the lower court is too unreasonable.

2. In light of the fact that the court below, as stated in the grounds for sentencing disadvantageous to the defendant, had a record of punishment several times due to the violation of the Road Traffic Act due to driving without a license, such as the defendant's driving without a license under the influence of alcohol or without a license, it is inevitable to sentence the defendant on the ground that the risk of re-offending such as driving without a license under the influence of the driver's license has deteriorated after the danger of re-offending.

However, considering the following factors: (a) the Defendant’s age, occupation, character and behavior, environment, family relationship, health conditions, motive for committing the instant crime and circumstances after committing the instant crime, the lower court’s punishment is too unreasonable, as it is too unreasonable, considering the following factors: (b) the Defendant’s age, occupation, character and behavior, environment, health conditions, motive for committing the instant crime; and (c) the distance from driving under the influence of alcohol is relatively short.

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

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;