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 summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to KRW 3,000,000) is too unreasonable.

2. An ex officio judgment prosecutor added "Article 37 of the Criminal Act, Article 39 (1) of the Criminal Act" to the provisions of the law applied to the trial, and applied for changes in the indictment to the effect that the criminal records are added to the facts charged, and the judgment of the court below is no longer maintained as the subject of the judgment was changed by this court's permission.

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 unfair argument of sentencing, and the judgment below is reversed, and it is again decided as follows through pleading.

[Grounds for the new judgment] Criminal facts and summary of evidence recognized by this court are all criminal facts of the judgment of the court below. The judgment of the court below became final and conclusive on January 20, 2018 after having been sentenced to six months by imprisonment with prison labor for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents at the Jung-gu District Court on January 12, 2018.

Except for the addition of “,” it is identical to each corresponding column of the lower judgment, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. The first sentence of Article 39 (1) of the Criminal Act concerning the treatment of concurrent crimes: Provided, That the first sentence of Article 37 (1);

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment is two times as a crime of violation of road traffic law (driving) and three times as a crime of violation of road traffic law (non-licenseless driving). In addition, even though the defendant had been punished three times as a crime of violation of road traffic law, he/she is driving under the influence of alcohol without the driver's license, and the alcohol concentration during blood at the time of the instant case.