The judgment of the court below is reversed.

Defendant shall be punished by a fine of three million won.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (six million won of a fine) is too unreasonable.

2. Determination: (a) the Defendant’s blood alcohol concentration is considerably high at the time; (b) the Defendant’s blood alcohol concentration is not obtained at all; and (c) the possibility of criticism is high to drive a vehicle with the expiration of the cover insurance period of mandatory insurance; and (d) the Defendant at the time shocked to the risk of drinking driving, such as shocking the cover, is disadvantageous to the Defendant.

However, the court below's punishment seems to be somewhat inappropriate in light of all the sentencing conditions stated in the argument of this case, including the defendant's age, character and conduct, environment, motive and background of the crime, means and consequence, etc., as well as all the sentencing conditions stated in the argument of this case, such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, means and consequence of the crime.

Therefore, the defendant's argument is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with 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 the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment below. Thus, it is acceptable in accordance with Article 369 of

Application of Statutes

1. Relevant legal provisions concerning the facts constituting an offense, Article 148-2 (3) 2 of the Road Traffic Act (the point of running a motor vehicle without obtaining a license), Article 154 subparagraph 2 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 46 (2) 2 and Article 8 of the Guarantee of Automobile Accident Compensation Act (the point of operating a motor vehicle without obtaining a license by mandatory insurance);

1. Articles 40 and 50 of the Criminal Code of Trade Competition.