The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. The decision of the court below on the gist of the grounds of appeal (ten months of imprisonment, two years of suspended execution, observation of protection, and forty hours of social service) is deemed to be too uneasy and unfair.

2. In full view of the following facts: (a) the Defendant once drives without a license even though he/she had the history of criminal punishment for driving under drinking and driving without a license; (b) drive under the influence of alcohol level 0.093%; and (c) driven under the influence of alcohol level 0.093%; and (d) escaped even if he/she conflicts with vehicles parked on the road A while driving under the influence of alcohol and driving without a license, the lower court

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is decided as follows after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown 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 (2) 3, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license) and Articles 148 and 54 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the crimes of violation of the Road Traffic Act (driving without a license) and the crimes of violation of the Road Traffic Act (driving without a license), and punishment provided for the crimes of violation of the Road Traffic Act, of which punishment is heavier);

1. Selection of each sentence of imprisonment;

1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Act on the Aggravated Punishment of Concurrent Crimes (within the scope of a long-term punishment for the above two crimes) is that the defendant drives without a license again even though he/she had the record of criminal punishment several times due to a license without a license, and drives without a license under the influence of 0.093% of alcohol level during blood, driving a vehicle while driving under the influence of alcohol, collision with the vehicle parked on the road, and the defendant runs away as it is.