The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

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

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year of imprisonment, two years of suspended sentence, and observation of protection) is too unreasonable.

2. The crime of this case is a case where the defendant, who has been punished twice or more due to drinking driving, drives an unregistered electric vehicle with three wheels that is not covered by mandatory insurance without obtaining a motor device bicycle license while under the influence of alcohol, and the nature of the crime is not weak.

However, in full view of the following facts: (a) the Defendant recognized the instant crime; (b) the Defendant committed the instant crime; (c) the alcohol concentration in blood was not increased to 0.059% at the time of detection; (d) the Defendant, who was aged 7, appears to have come to move to the instant crime without clearly recognizing the content of the statutes on the three-wheeled Electric Motor Vehicles; and (e) other factors of sentencing as indicated in the instant records and arguments, such as the background of the instant crime, the Defendant’s age, sexual behavior, and environment, are deemed to have been too unreasonable.

Therefore, the defendant's argument is justified.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

【Grounds for another judgment】 The criminal facts and summary of evidence against the defendant recognized by the court are identical to each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2 subparag. 1, Article 44 subparag. 1, Article 154 subparag. 2, and Article 43 of the Road Traffic Act (unlicensed Driving) concerning facts constituting an offense; Article 46 subparag. 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Damages;

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (LA) are heavier between the crimes of violating the Road Traffic Act and the crimes of violating the Road Traffic Act (LA) and the punishment.