The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. In light of the fact that the defendant had been punished several times for the same or similar crimes such as the violation of the Road Traffic Act in the past, and that the defendant again committed the crime of this case even during the suspension of execution, the punishment sentenced by the court below (three million won of fine) is too uneasible and unfair.

2. It is recognized that the circumstances such as the Defendant’s confession of the instant crime and the depth of his mistake are divided.

However, the crime of this case is not simply a driving without a license, but also a driving without a license. The drinking driving of this case is a crime that may threaten the life and body of others as well as it requires strict punishment. The defendant has not obtained a driver's license again after the cancellation of February 7, 2001, and the defendant has been subject to criminal punishment more than once or criminal punishment due to drinking or unlicensed driving even after examining only criminal records since 200. In particular, on May 17, 2002, the court was sentenced 2 years a suspended sentence of 1 months on May 25, 200, and sentenced 2 years a suspended sentence of 2 years to imprisonment with prison labor for the crime of violation of the Road Traffic Act and violation of the Road Traffic Act, and the defendant has already been sentenced to a fine of 1 million won on December 30, 200 and 200 won on March 1, 204, which had already been sentenced to a suspended sentence of 201.