The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

1. The sentence imposed by the lower court (six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The crime of this case is deemed to have driven a cargo vehicle at a lower level (13:55 square meters) without a driver's license while under the influence of alcohol with a high level of 0.155% alcohol concentration in the blood, even though the Defendant had been punished twice or more for violating the Road Traffic Act (driving).

The Defendant had a record of being punished by a fine on one occasion in 2005 and two times in 2009 due to drinking driving, and in 2013, he/she has a record of being punished by a fine on the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and a violation of Road Traffic Act (unlicensed driving).

In addition, on November 29, 2011, the Defendant was sentenced to one year and six months of imprisonment due to a violation of the Act on the Control of Illegal Check, and two years of suspended execution on November 13, 201, and the judgment became final and conclusive on November 13, 2014, and again committed the instant crime without being aware of it during the suspended execution period.

In addition to the defendant, there are many different criminal records, and even after November 29, 201, who was sentenced to the above suspended sentence, the defendant was sentenced to a suspended sentence of imprisonment due to a crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents and a fine due to a violation of Road Traffic Act (licenseless Driving) (2013), and was sentenced to a summary order of a fine due to a crime of violating the Labor Standards Act (each year 2014). On the sole basis of these circumstances, the question is whether the defendant is willing to comply with the Act, and there is a risk of recidivism.

in this case, there is a need to strictly punish the case

I also see.

However, on the other hand, the two cases in 2009, among the records of the Defendant’s violation of the Road Traffic Act (driving of alcohol), were punished by a fine of KRW 1 million for each of the blood alcohol concentration of 0.080% and 0.085%. In the case of this case, the degree of alcohol content in blood is different during the period of the crime, and about six years have passed since the above punishment was imposed.