The judgment below

The part of the judgment No. 1 is reversed.

A fine of March 3, 200 for the first crime against Defendant as stated in the judgment below.

1. The main point of the grounds for appeal is that the lower court’s punishment (a fine of KRW 5 million for the first offense, and a fine of KRW 2,00,00 for the second offense in its holding) is too uneased and unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant as to the part concerning the first crime in the judgment of the court below.

The court below applied Article 152 subparagraph 1 and Article 43 of the Road Traffic Act to the defendant's violation of the Road Traffic Act (unlicensed driving) and sentenced the defendant to a fine of KRW 5 million.

However, the upper limit of fines for the crime of violation of the Road Traffic Act (unlicensed Driving) is 3 million won, and the lower court sentenced a sentence beyond the applicable sentencing range, so the lower court could no longer maintain the lower judgment in this respect.

3. The defendant is against the judgment of the court below on the second crime as to the judgment of the court below, recognizing the facts charged.

However, the Defendant, after around 200, has five times (three times a fine, three times a suspended sentence), was sentenced to a suspended sentence for four months on December 23, 2015, and committed the instant crime during the suspended sentence period; the Defendant committed the instant crime; the blood alcohol content in the instant case was higher than 0.161%; and all of the sentencing health in the records and arguments, including the Defendant’s age, character and behavior, and environment, were considered as inappropriate.

4. If so, the defendant's appeal as to the crime No. 2 in the judgment of the court below is without merit. Thus, the part as to the crime No. 1 in the judgment of the court below is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act, and since there are grounds for ex officio reversal, the above part is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant'

The judgment below

The application of the law is the fifth degree of violation of the Road Traffic Act (unlicensed Driving) and the driver's licenseless driving of the Road Traffic Act.