The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 20,000,000.

The above fine shall not be paid by the defendant.

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. We examine ex officio before determining the grounds for appeal by the defendant.

The court below determined that the defendant's violation of the Road Traffic Act (Refusal of measurement) and the violation of the Road Traffic Act (Unlicensed Driving) are in an ordinary concurrence relationship.

However, according to the evidence duly adopted and examined by the court below, the defendant could recognize the fact that the defendant driven a vehicle at a level of about 50 meters without a driver's license and refused a police officer's request for alcohol measurement. Thus, the above crime against the defendant is in a substantive concurrent relationship.

Therefore, the judgment of the court below is erroneous in the misapprehension of legal principles as to the relation of acceptance of crime, which affected the conclusion of the judgment.

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

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 148-2 (1), 44 (2) (a) and 152 subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act, the choice of fines for criminal facts, the choice of punishment, and the selection of fines;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include two times of fines due to drunk driving and one time of suspended sentence of imprisonment, and in particular, the period of suspended sentence due to the same kind of crime.