The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the lower court’s punishment (7 million won in penalty) is too unhued and unreasonable.

2. Determination

A. It is recognized that the defendant's act of committing each of the crimes of this case reflects the defendant, and that the crime of violating the Road Traffic Act constitutes a violation of the Road Traffic Act and there is no record of punishment exceeding the fine.

B. However, in full view of all the circumstances, including the Defendant’s age, sex, environment, motive, means and consequence of the crime, and the sentence imposed by the lower court is deemed to be unfair because it is too unfasible, even though the Defendant was under suspension of execution after being sentenced to imprisonment for 6 months, 2 years of suspension of execution, 2 years of suspension of execution, and 3 years of suspension of execution of official duties due to interference with the execution of official duties in 2015.

(c)

Therefore, the prosecutor's above assertion is justified.

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 again decided as follows after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act and Articles 148-2 (1) 1, 44 (1) (the point of drinking), 152 subparagraph 1, and 43 of the Road Traffic Act concerning the facts constituting an offense, and Articles 148-2 (1) 1, 44 (the point of driving without a license) and 152 (the point of driving without a license);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a selective fine for punishment (where imprisonment with prison labor is declared and confirmed as a result of the instant case, considering that it seems too harsh for the accused to serve a prison term of six months upon invalidation of the previous suspended sentence;

1. Articles 70(1) and 69 of the Criminal Act to attract a workhouse.