The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months and a fine for 200,000 won.

The above fine shall be imposed on the defendant.

1. The main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment, a fine of two hundred thousand won) is too unreasonable.

2. In light of the fact that the defendant committed the instant crime even though he/she had been subject to punishment twice due to the violation of the Road Traffic Act (driving), it is recognized that there is a need to strictly punish the defendant.

However, in full view of all other circumstances, including the defendant's age, environment, occupation, family relation, economic situation, health status, criminal history, criminal motive, circumstance after the crime, etc., the sentence of the court below against the defendant is too unreasonable, since the defendant's act of violating the Road Traffic Act (unlicensed driving) among the crimes in this case is considered to be different from the case of driving a motor vehicle without a license, in light of its danger. The crime in this case is not affected by accident, there are children who should be responsible for child support, there are no criminal records beyond the suspended execution, and the branch want to take the defendant's preference, and other circumstances that form the conditions of sentencing as shown in the records, such as age, environment, occupation, family relation, economic situation, health situation, criminal history, criminal history, criminal motive, circumstance after the crime.

3. According to the conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled after pleading.

Punishment of the crime

Since the criminal facts of the defendant recognized by this court are the same as the corresponding column of the judgment of the court below, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Summary of Evidence

1. The defendant's oral statement in court;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. The circumstantial report on a drinking driver, the ledger using a drinking measuring instrument, the ledger of driver's license, and the application of Acts and subordinate statutes to photographs; and