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 is too unreasonable that the sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

2. The judgment has previously been sentenced several times due to drinking driving and driving without a license, and the defendant was sentenced to a suspended sentence of three years on March 28, 2013 and the judgment was finalized on April 5, 2013 and was issued a summary order again during the suspended execution period, but there are some disadvantageous circumstances to the defendant, such as committing the crime of this case. However, although the defendant's mistake is against himself/herself and there was no past record of being sentenced to a summary order, the defendant was considered to have driven a vehicle at around 2:47 minutes in the P.M., which is the time when the drinking alcohol measurement of this case. Since the defendant was sentenced to a suspended sentence, the defendant was sentenced to a suspended sentence of one year on March 28, 2013, and the judgment was issued on April 5, 2013, he/she also committed the crime of this case, he/she seems to be extremely harsh in terms of the circumstances such as the defendant's age before and after the suspended sentence, and circumstances leading to the defendant's occupation and behavior.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

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

Application of Statutes

1. Relevant Articles 148-2 (2) 3 and 44 of the Road Traffic Act concerning the facts constituting the crime;