The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. In the past, there is a past record of punishment of a fine for the same kind of crime; the defendant is also under investigation of refusal of alcohol measurement; the defendant is also under investigation of the refusal of alcohol measurement; the blood alcohol concentration is high; the defendant is the same as the vehicle driven at the time when the defendant was punished for drunk driving in 2010 and 2012; and the vehicle driven in the principal crime is the same as the vehicle driven at the time when the defendant was driven in the principal crime, and the defendant seems to continue to drive the vehicle in the state without a license.

However, considering the favorable circumstances, such as the fact that the defendant seems to have recognized his mistake and reflects, and that the defendant would not repeat the crime through his prison life, and that the defendant has no record of being sentenced to suspended sentence for the last ten years, and all of the sentencing conditions of the case, such as the defendant's age, character and conduct, environment, the circumstances and results of the crime in this case, etc., the sentence imposed by the court below is somewhat unreasonable, and therefore the defendant's assertion is reasonable.

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 evidence admitted by the court is the same as the corresponding column 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) 2 and Article 44 (2) of the Road Traffic Act concerning the facts constituting an offense, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the occupation of driving without a license) concerning each of the Road Traffic Act;

1. The provisions of Articles 40 and 50 of the Criminal Act, respectively, shall be applicable to the ordinary concurrent crimes on November 17, 2013.