The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

1. The gist of the grounds for appeal is too unreasonable that the original court’s imprisonment (one year of imprisonment) is too unreasonable.

2. The judgment driving is a very dangerous crime that may cause unexpected behaviors to the life and home of others by raising the possibility of traffic accidents, and thus, is bound to bear strict responsibility for such acts in order to prevent such crimes. Although the Defendant had already been punished three times for the same crime from 2017 to 2019, the Defendant again committed the instant crime, even though he had had the record of being punished three times for the same crime, etc., is disadvantageous to the Defendant.

However, in full view of the following circumstances: (a) the Defendant’s mistake during a detention period of approximately three months is seriously against his/her own mistake; (b) there is no history of punishment heavier than a fine due to the same kind of crime; and (c) personal accidents have not occurred other than physical damage; and (d) time interval with the previous crime; (b) the motive and background of the instant crime; (c) the means and method of the instant crime; (d) the circumstances before and after the instant crime; and (e) the Defendant’s age, character, behavior, career, environment, etc., the sentence of the lower court is too unreasonable.

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.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by this court are all the same as that of each corresponding column of the judgment below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (2) of the Road Traffic Act that prescribes the choice of punishment (the rejection of drinking alcohol, the choice of imprisonment), subparagraphs 1 of Article 152 of the Road Traffic Act, and Articles 43 of the Road Traffic Act (the occupation of driving without a license, the choice of imprisonment);

1. The former part of Article 37 of the Criminal Code among concurrent crimes.