The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. In light of the circumstances against the defendant in light of the gist of the grounds for appeal, the penalty (five million won of fine) declared by the court below is too unfased and unreasonable.

2. In full view of the following circumstances: (a) the Defendant reflects his mistake; (b) the Defendant has no previous conviction other than the fine for the same kind of crime; (c) the Defendant has been punished three times prior to the instant crime; (d) the Defendant has been under the influence of driving and driving without a license; (c) the Defendant re-driving and driving without a license; and (d) the Defendant had a significant risk by driving on an expressway at a considerably long distance at the time of driving under the influence of alcohol; and (e) the Defendant has been under the influence of driving without a license and driving without license; and (e) the conditions of various sentencing as shown in the instant argument, including the Defendant’s age, character, character, environment, environment, family relationship, motive and consequence of the crime; and (e) the circumstances after the crime, etc., it is recognized that the lower court’s punishment against the Defendant

Therefore, the prosecutor's argument of unfair sentencing is justified.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to each corresponding part of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act; and

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (the crime of violation of the Road Traffic Act) and the crime of violation of the Road Traffic Act of August 28, 2012 (the crime of violation of the Road Traffic Act) and the crime of violation of the Road Traffic Act of which punishment is heavier (the crime of driving under drinking).