The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The judgment of the court below is somewhat inappropriate in light of the following factors: (a) the Defendant was punished twice by a fine due to drunk driving, and (b) was punished once by a fine due to driving without a license for driving without a license, and (c) the nature of the offense was dissatisfying; (b) the Defendant was able not to repeat again, i.e., the Defendant did not have any history of punishment exceeding the fine; (c) the Defendant did not have any history of punishment exceeding the fine; and (d) the Defendant’s age, character and behavior, environment, motive and circumstance of the offense; and (e) all of the sentencing conditions specified in the arguments of the case, including the circumstances after the crime.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal 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 provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving under the influence of sound), 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 imprisonment with prison labor chosen;

1. Discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances in the above);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the repeated consideration of the favorable circumstances in the above);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;