1. The judgment below is reversed.

2. The defendant shall be punished by a fine of KRW 10,000,000.

3. The above fine shall be imposed on the defendant.

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. The act of driving a motorcycle under the influence of alcohol without obtaining a motorcycle driver's license is assessed as one act (see, e.g., Supreme Court Decision 86Do2731, Feb. 24, 1987). Article 40 of the Criminal Act provides that when a single act constitutes several crimes, punishment provided for the most severe crime shall be imposed.

The court below found the defendant guilty of the violation of the Road Traffic Act (driving without a license) and the violation of the Road Traffic Act (driving without a license) while applying Article 40 of the above Criminal Act with regard to commercial concurrence in the application of the above Act, it did not punish the violation of the Road Traffic Act (driving without a license) and the violation of the Road Traffic Act (driving without a license), and did not punish the defendant more severe punishment than the punishment for the violation of the Road Traffic Act (driving without a license). On the other hand, the court below tried to punish the violation of the Road Traffic Act (driving without a license) and selected to impose a fine for the violation of the Road Traffic Act (driving without a license), and sentenced the defendant to a penalty of imprisonment with prison labor for 6 months and 300,000 won concurrently.

Therefore, the judgment of the court below is no longer possible because it erred by misunderstanding the legal principles on commercial concurrence, which affected the conclusion of the judgment.

3. In conclusion, the judgment below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal of the defendant, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The substance of the facts charged and the summary of the evidence recognized by the court shall be limited to the correction of the "two million won" of the second page of the criminal records of the judgment below as "one million won".