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 main point of the grounds for appeal is that the court below's imprisonment (four months of imprisonment) is too unreasonable.

2. The defendant has a record of being sentenced to criminal punishment several times due to a drunk driving, and in particular, in 2018, he/she has been sentenced to punishment due to a violation of the Road Traffic Act and a violation of the Road Traffic Act.

However, the defendant is only subject to criminal punishment twice together with the crime of violation of the Road Traffic Act, and the crime of violation of the Road Traffic Act (unlicensed driving) alone has no record of criminal punishment; the defendant is against his or her wrong recognition; the defendant's health condition is not good due to urology, etc.; the defendant's family members want the defendant's wife; and the defendant's age, career, character and behavior, environment, family relationship, motive and circumstance of the crime, means and consequence of the crime; and considering all of the sentencing conditions in this case, such as the circumstances after the crime, it is judged that the sentence of the court below is unfair.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the decision shall be rendered again as follows.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting the crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment below. Thus, it is acceptable in accordance with Article 369 of the

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