The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 4,500,000.

The above fine shall not be paid by the defendant.

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. The judgment of the defendant has been punished several times due to drinking, driving without a license, and committing the crime of this case during the period of suspension of execution due to the crime of non-licensed driving and refusing to measure drinking, and the crime of this case is not considered to have been committed repeatedly twice.

However, the crime of this case is limited to a simple driving without license, and the defendant seems to have driven for his livelihood.

The defendant has divided the wrong crime into depth, and has led the defendant not to repeat the crime by disposing of the vehicle, etc.

There are also circumstances in which the defendant supports the elderly who has difficulty in living after the divorce, and is responsible for the living of three children, including the children of middle school students and those of high school students in Grade 1 with hearing language disorder.

In addition, considering all the sentencing conditions shown in the records and arguments, such as the age, character and conduct, environment and health conditions of the defendant, the sentence imposed by the court below is too unreasonable.

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

Criminal facts

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

Application of Statutes

1. Relevant Article of the Act on Criminal Facts and the Selection of penalties, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

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