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

2. Determination is an unfavorable circumstance that the Defendant did the instant crime without being aware of during the period of suspension of execution, and that the Defendant is able to have a driving force under drinking.

However, the defendant's act of committing the crime in this case is recognized and the defendant's act of committing the crime in this case is against the defendant's wrong life for a considerable period of time, and if the defendant's imprisonment is sentenced and finalized, the defendant's previous suspension of execution due to the crime in this case's crime in this case's criminal act shall be imposed concurrently to the punishment for which suspension of execution has been invalidated and suspended. This seems to cause excessive difficulty to the defendant's family members, and if the defendant's age, sexual behavior, environment, means and result of the crime in this case's arguments are comprehensively considered, the court below's punishment against the defendant is somewhat unreasonable.

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

【Grounds for a new judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and the gist of evidence are identical to the facts in each corresponding column of the judgment below, thereby citing them as they are in accordance with Article 369

Application of Statutes

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. Prior to the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the conditions of sentencing as described in Article 334(2) of the Criminal Procedure Act shall be comprehensively considered, and the sentence shall be determined as per the order.