The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. The defendant asserts that the defendant's punishment of imprisonment (two months of imprisonment) of the court below is too unfasible, and the prosecutor is too unfased and unreasonable.

2. The Defendant was sentenced to a fine by driving without a license during the suspension period due to driving under the influence of alcohol, and repeated driving without license during the suspension period.

However, in full view of the following circumstances: (a) the Defendant recognized the facts charged and appears to have been detained for more than two months in the instant case; (b) the Defendant was simply licensed driving; and (c) the Defendant’s age, character and conduct, environment, occupation, and circumstances after the commission of the offense, and other circumstances constituting the conditions for sentencing as indicated in the record, the lower court’s punishment is unreasonable.

3. The decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following decision is rendered after pleading.

(3) Article 369 of the Criminal Procedure Act applies to cases where an appeal by a prosecutor is groundless, but the original judgment is reversed by accepting an appeal by a defendant, and the prosecutor’s appeal is not dismissed separately from the original judgment). The gist of facts constituting an offense and evidence is the same as that of each corresponding column of the original judgment.

Application of Statutes

1. Relevant Article of the Act on Criminal Facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the selection of fines and the selection of fines for the crime;

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

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