The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The sentence of the lower court (nine months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. In light of the following circumstances: (a) the Defendant was punished twice as a fine for the crime of drinking alcohol driving and driving without a license; (b) the Defendant was sentenced to two times as a result of the Defendant’s act of drinking alcohol driving and driving without a license; (c) the Defendant did not have been aware of the fact that the Defendant was sentenced to two years of suspended sentence due to his refusal of drinking alcohol measurement and driving without a license; (d) the Defendant led to the crime of driving without a license for eight months; (c) however, the Defendant led to the confession of and the mistake in depth; (d) there was no record of having been sentenced to the sentence; and (e) the Defendant’s age, career, sexual behavior; and (e) there was no record of having been sentenced to the sentence; and (e) the sentence conditions indicated in the arguments and the record,

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is reversed and it is again decided as follows

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the facts stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act which is heavier than punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of a small quantity (see, e.g., Supreme Court Decision 53 and 55 (1) 3);