The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight 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 gist of the grounds for appeal (eight months of imprisonment) is too unreasonable.

2. The judgment of the Defendant committed each of the instant crimes even if he/she was punished as a same crime, and, in particular, even though he/she was under the influence of drinking on December 5, 2017, he/she was under the influence of drinking on December 5, 2017, and the nature of the crime is not less than that of the crime.

On the other hand, it is favorable for the defendant to recognize and reflect his mistake, to the effect that the defendant has no record of criminal punishment other than the previous conviction of the same kind of fine, and to dispose of the vehicle driving under drinking of this case when he was in a trial.

In addition, comprehensively taking account of the Defendant’s age, sex, environment, family relationship, and motive for committing the crime, various sentencing conditions shown in the instant records and arguments, the lower court’s punishment seems to be somewhat unreasonable, and thus, the Defendant’s argument that the sentencing is unfair is reasonable.

3. As the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment below is ruled again after pleading as follows.

Criminal facts

1. On December 5, 2017, the Defendant: (a) from the roads near the Manyang-si, the Ganyang-si was driving Bho-do under the influence of alcohol concentration of approximately 0.112% without a driver’s license, from around the 1km section of the light quantity in the same city-dong to the front road of the Mandong, among the light quantity in the same city-dong around that time.

2. On January 9, 2017, the Defendant was issued a summary order of a fine of three million won for a crime of violating the Road Traffic Act at the pure support of the Gwangju District Court in Gwangju metropolitan District Court, and on February 12, 2018, the Defendant was charged with non-detained confinement at the same court on February 12, 2018 and is pending in the trial at the current appellate court, and has been in violation of Article 44(1) of the Road Traffic Act at least twice.

On December 7, 2017, 22:55 around 22:55, the Defendant is running in front of the same fluorial apartment in front of the non-exclusive restaurant.