The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

1. The sentence imposed by the court below (one year and six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The judgment has a record of punishment twice or more including punishment for the same crime committed by the defendant, and the defendant was discovered by driving under drinking on April 2017 and was still in a trial in a short time without being aware of the fact that he/she had been found to have been driving under drinking and driving without a license. The fact that the nature of the crime is not less than that of the defendant is disadvantageous to the defendant.

On the other hand, the fact that the defendant repents and reflects his mistake, there are family members to support, and the health status is not good, etc. are favorable to the defendant.

In addition, the defendant's above assertion is reasonable, since the court below's punishment is somewhat inappropriate if the defendant's age, sexual conduct, environment, motive for the crime, circumstance after the crime, etc. is considered as a whole together with the crime of violating the Road Traffic Act (driving) as stated in the judgment of the court below, and the equality with the case where the judgment is rendered concurrently with the crime of violating the Road Traffic Act (driving).

3. As such, the defendant's appeal is with merit, and 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 again decided as follows.

【Re-written part of the judgment below] Criminal facts and summary of the evidence recognized by the court and summary of the facts constituting the crime and summary of the evidence are identical to each of the corresponding columns of the judgment below. Thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

1. The crimes provided for in Articles 40 and 50 of the Criminal Act among those committed on June 20, 2017 and those committed on June 29, 2017 by each of the roads traffic laws violations (driving) and those committed on June 29, 2017, and those committed on any of the roads traffic laws violations (driving without a license), and those committed on any more severe punishment.