The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentencing (an amount of KRW 5 million) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

According to the record, the defendant's driving of a motor vehicle is classified into "motor device bicycle" for two-wheeled automobiles with engine displacement of not more than 125 cc among two-wheeled automobiles pursuant to Article 3 of the Automobile Management Act and "motor vehicle with engine displacement exceeding the above standards" for two-wheeled automobiles with engine displacement of not more than 125 cc.

See Articles 2 subparag. 18 (a) and 19 (a) of the Road Traffic Act, and unlike others, driving a motor vehicle under the Road Traffic Act.

There is no evidence to see, and the prosecutor also indicted for the application of Article 154 subparagraph 2 and Article 43 of the Road Traffic Act to the driver's licenseless driving of motor device bicycle, and the indictment was not modified, but the court below committed an illegal act applying Article 152 subparagraph 1 and Article 43 of the Road Traffic Act to the non-licenseless driving of motor vehicle among the criminal facts in the judgment of the court below.

This part of the judgment of the court below should be sentenced to a single sentence in relation to the remaining criminal facts in the judgment of the court below against the defendant, so the judgment of the court below cannot be maintained any more in this respect.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the judgment of the court below is reversed and it is again decided as follows.

Criminal facts

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

Application of Statutes

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking alcohol) of the Road Traffic Act concerning facts constituting an offense, and Article 154 subparagraph 2, and Article 43 of the Road Traffic Act (the motor bicycle);