The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and two months.

1. The main sentence of the appeal is too heavy.

2. After the judgment of the court below was rendered, the road facilities damaged by the defendant were restored.

When considering the above reasons and the conditions of sentencing as stated in the reasons for sentencing, it is necessary to re-determine the sentence because the sentence imposed by the court below is too unreasonable because it is too unreasonable.

3. The judgment of the court below is reversed, and the following is decided after pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence is as stated in each corresponding column of the judgment of the court below.

Application of Statutes

1. Article 148-2 (1), Article 44 (1) of the Road Traffic Act (referred to as "driving under the influence of alcohol"), Article 152 (1), and Article 43 of the Road Traffic Act (referred to as "non-licensed driving"), Article 46 (2) 2, the main sentence of Article 8, the main sentence of Article 8, and Article 151 of the Road Traffic Act concerning the crime;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a person who violates the Road Traffic Act and a person who violates the Road Traffic Act (a person without a license) on May 17, 2020, and punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. As to the violation of the Road Traffic Act, the punishment of imprisonment without prison labor shall be imposed, and as to the remaining crimes, each choice of imprisonment;

1. The aggravated punishment for concurrent crimes: the former part of Article 37 of the Criminal Act, Article 38 (1) 2 and (2), and Article 50 of the same Act (the aggravated punishment for concurrent crimes with the punishment provided for the offense of violating the Transport Act of the largest number of concurrent crimes);

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount of punishment were that the Defendant was revoked due to driving under drinking in 2019, and the Defendant did not have been aware of the fact that the Defendant was under control on the violation of a driver’s license without permission and the Guarantee of Compensation for Motor Vehicles in February 2020 (Ulsan District Court 2020 high-level 2715). On May 20, 2020, the Defendant committed a crime such as drinking and non-licenseing driving in the instant case.