The judgment of the court below is reversed.

Defendant shall be punished by a fine of three million won.

The above fine shall not be paid by the defendant.

1. The decision of the court below on the gist of the reasons for appeal (4 months of imprisonment) is too unreasonable.

2. In light of the fact that the Defendant was under investigation and trial while driving a motor vehicle without a license even though he was under the influence of alcohol, and the Defendant was under the influence of driving a motor vehicle without a license during the suspension of the execution, even after being subjected to the suspension of the execution with respect to the crime of the foregoing traffic accident, the Defendant should be strictly punished.

On the other hand, however, the defendant's mistake is divided, and the defendant does not repeat again, and his life is detained for the first time for about 70 days, and it seems that he actually lives in correctional facilities for about 70 days.

It should also be taken into account that there is no particular criminal history prior to the drinking traffic accident, and that if the defendant is detained for a long time, the defendant is at risk of losing the basis of life.

In addition, considering the various sentencing conditions shown in the records and arguments such as the age character and character environment of the defendant and the circumstances before and after the crime, it is necessary to give the defendant an opportunity by making a final preference.

Therefore, the sentence of the court below is considered to be unfair due to the absence of punishment.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

Criminal facts

The summary of the facts charged and the evidence against the defendant recognized by this court is identical to each corresponding column of the judgment below, and thus, it is also accepted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act concerning the facts constituting a crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;