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 summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. In light of the fact that the Defendant was punished three times since 201 as a crime of violation of the Road Traffic Act (driving) and the driver’s license was revoked, and the Defendant committed the instant crime of the same kind in the situation where the driver’s license was revoked, in particular, there is a need for a strict punishment for the Defendant in light of the following: (a) the Defendant was sentenced to the suspension of the execution of two years on September 4, 201 due to the crime of driving under the immediately preceding influence; and (b) the Defendant’s blood alcohol level (0.153%) was considerably high.

However, in full view of all the sentencing conditions, including the defendant's environment, the circumstances leading up to the crime of this case, and the circumstances after the crime, etc., including the fact that the defendant recognized the crime and seems to have been detained for more than three months up to now, the distance of the defendant's vehicle operation is relatively short, the defendant's disposal of his vehicle to a third party in mind that the defendant did not drive any more, and thus, there is no risk of re-offending, and the defendant's child who should care for the defendant.

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.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns 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 provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1.Article 40 of the Criminal Code of Trade and Trade.