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 gist of the grounds for appeal is that the lower court’s punishment of KRW 1.5 million (a fine of KRW 1.5 million) is too unhued and unreasonable.

2. The fact that the defendant recognized his mistake, and the fact that the defendant was punished for driving without a license is favorable to the defendant before 2005.

On the other hand, the following is disadvantageous.

In addition, even though the defendant was punished 7 times for violation of traffic-related laws and regulations such as unlicensed driving and drinking driving, it is necessary to strictly punish the defendant in light of the defendant's minor attitude.

The length of the unlicensed driving section reaches 10km.

In addition, considering the circumstances leading up to the instant crime, circumstances after the instant crime, Defendant’s age, character and conduct, environment, etc., as a whole, various sentencing conditions shown in the instant records and arguments, etc., the lower court’s punishment is deemed to be somewhat unreasonable and thus, the Prosecutor’s assertion is with merit.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment 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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;