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 sentence of the lower court against the accused (six months of imprisonment) is too unreasonable.

2. The judgment of the defendant has the record of being punished several times due to drinking or unlicensed driving, including the suspended sentence of imprisonment due to drinking or unlicensed driving, and it is necessary to impose severe punishment on the defendant in light of the fact that the defendant is under the suspended sentence due to drinking or unlicensed driving at the time of the crime in this case, even though he was under the suspended sentence due to drinking or unlicensed driving, and that the distance from driving is not shorter than the distance from driving in the state of without a license. However, the defendant's confession of the crime in this case, and the defendant seems to have an opportunity to sufficiently reflect his living in custody for four months, and there is no particular traffic obstacle caused by the defendant's non-licensed driving in this case, and the defendant disposes of the vehicle used in the crime in this case due to non-licensed driving in this case, and other various circumstances, including the defendant's age, character and behavior, environment, family relationship, etc., the sentence imposed by the court below is somewhat inappropriate, and the defendant and his defense counsel's assertion of unfair sentencing is justified.

3. In conclusion, the judgment 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 judgment is rendered again after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act on Criminal Facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, which choose the penalty for a crime;

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

1. The order of provisional payment;