The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The sentencing of the lower court (ten months of imprisonment, two years of suspended sentence, two years of probation, community service, 80 hours of probation, 40 hours of compliance driving class) is too unreasonable.

2. The judgment is an unfavorable condition to the Defendant, even though the Defendant had been punished four times due to drinking or non-licensed driving, and again, carried out driving without the license of this case, the blood alcohol concentration at the time of the Defendant was high by 0.169%, and up to the above diving on the road while driving.

However, in full view of the fact that the road operated by the defendant without driving distance is a road in an agricultural community where the traffic volume is not high, and that the defendant reflects the mistake in depth, that there is no criminal conviction exceeding the fine, that the last drinking driver's prior conviction was more than three years from the instant case, and that the sentencing conditions specified in the oral argument are somewhat heavy.

3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered again.

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) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (General Consideration in favor of the defendant in the grounds of reversal);

1. Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act, Article 59 of the Act on Probation, Etc.;