The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. The decision of the court below on the summary of the grounds for appeal is too unreasonable, for four months of imprisonment imposed by the defendant.

2. It is recognized that the defendant committed the crime of this case even though he had previously been punished several times due to drinking driving and driving without a license, and had the record of being sentenced to a suspended sentence.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime; (b) the Defendant’s driving of the Defendant did not cause additional damage, such as traffic accidents; (c) the Defendant was detained for about 60 days due to the instant crime; and (d) the Defendant has been detained for about 60 days; (c) the Defendant has to refrain from repeating the instant crime; (d) there is a family member to support; and (e) there is economic difficulties; and (e) other circumstances that are conditions for sentencing indicated in the records, such as the Defendant’s age, environment, occupation, family relationship, etc., the sentence of the lower

Defendant’s assertion is with merit.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal of this case is with merit.

Criminal facts

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

Application of Statutes

1. Relevant Articles 152 (1) and 43 of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act suspended execution ( Taking into account circumstances favorable to the defendant in determining the grounds for appeal in the preceding part);