The judgment of the court below is reversed.

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

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

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year and three months of imprisonment) is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. In light of the fact that the defendant, who had been punished twice due to the violation of the Road Traffic Act due to the driving of drinking alcohol in this case, did not have been aware that he was under investigation by the preceding crime and caused a traffic accident while driving without a license, such as repeating the crime of driving without a drinking license, etc., the risk of recidivism is substantial, and the defendant requires a strict punishment corresponding to his responsibility.

On the other hand, however, the Defendant’s perception of each of the crimes in this case reflects the Defendant’s mistake in depth while committing each of the crimes in this case, and seems to have significantly deteriorated the risk of heavyness of laws and regulations or driving drinking through the life of detention for 2 months. However, there is no record of punishment exceeding the fine, including the fact that there was a smooth agreement with the victim of traffic accidents, and other factors for sentencing indicated in the records in this case, such as the Defendant’s age, sex behavior, environment, health conditions, motive for crime, and circumstances after committing the crime, it is unfair that the lower court’s punishment against the Defendant is too unreasonable rather than that against the Defendant.

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 well-grounded, and the judgment below is reversed in accordance with the arguments, but the prosecutor's appeal is not dismissed as long as the judgment of the court below is accepted

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

Application of Statutes

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;