The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

1. The penalty (2,00,000 won of fine) declared by the court below on the gist of the grounds of appeal is too unreasonable.

(2) On October 19, 201, the court below decided that the document of lawsuit against the defendant should be served by public notice on October 19, 201 when the defendant did not appear under Articles 458(2) and 365 of the Criminal Procedure Act on December 7, 201, and sentenced the defendant to a fine of two million won on the same day after the investigation of evidence was conducted under the defendant's failure to appear in court under Articles 458(2) and 365 of the Criminal Procedure Act. The above judgment became final and conclusive to the extent of the appeal period, and thereafter the defendant filed a request for the recovery of facts against the above judgment, and it is recognized that the defendant failed to appeal within the statutory period was due to any cause not attributable to the defendant, and thus, it can be recognized that the claim for recovery of the above right to appeal was accepted.

Accordingly, the judgment of the court below can no longer be maintained since the above decision of service by public notice was revoked in the trial and all the procedure of trial, including evidence examination, are newly conducted.

3. Therefore, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows.

Punishment of the crime

On December 6, 2010, the Defendant, while under the influence of alcohol at 0.240% of blood alcohol level, driven a 125c large bitr vehicle without registration from the roads near the Do Government-dong 214-34, the Do Government-dong 214-54, to the roads in front of the same place at around 10:50 on the same day.

Summary of Evidence

1. The defendant's oral statement in court;

1. Inquiry about the results of the control of drinking driving;

1. Acts and subordinate statutes; and