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 reasons for appeal (4 months of imprisonment) by the lower court is too unreasonable.

2. The judgment of the court below has the record of having been punished five times for the same criminal records as drinking and driving without a license, and the defendant's each crime of this case has no record of committing the crime in a short period from the end of 2010 to the end of 2012. However, the defendant's each crime of this case has no record of committing any other crime; the defendant lives in a prison life for more than two months; the defendant's personal figures wanted to have his wife; taking into account the above circumstances, it seems that it would be too harsh that the suspension of execution by sentence of imprisonment to the defendant would be too harsh; the defendant's age, character and behavior, environment, etc.

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

Criminal facts

The summary of the facts and evidence recognized by the court is the same as the corresponding column of the judgment below, and thus, the summary of the facts and evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 152 subparagraph 1 and 43 of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of an alternative fine for punishment;

1. Articles 70 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;