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 decision of the court below on the gist of the reasons for appeal (4 months of imprisonment) is too unreasonable.

2. The judgment of the defendant has a history of criminal punishment on several occasions due to driving of alcohol and driving without a license, and in particular, the crime of this case is under suspension of the execution for six months of imprisonment with prison labor due to a violation of traffic laws on roads, etc., and the nature of the crime is not easy even during the grace period.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime; (b) the Defendant was detained at the time of the pronouncement of the judgment of the lower court; (c) the Defendant had an opportunity to reflect the Defendant’s life in custody for more than two months after being detained in court; (d) the distance of driving the Defendant was not clear; and (e) the Defendant’s sentence was imposed for six months after the sentence was imposed; and (e) other factors that are the conditions for sentencing specified in the instant case, such as the Defendant’s age, sex behavior, environment, family relationship, and circumstances after the commission of the instant crime, the sentence imposed by the lower court is too unreasonable; and (e) the Defendant and his defense counsel’s unjust assertion of sentencing

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is reversed and it is again decided as follows

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are all the same as the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, and the selection of fines concerning the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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