The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 6,000,000.

The defendant does not pay the above fine.

1. The punishment of a fine of eight million won imposed by the original court on the summary of the grounds for appeal is too unreasonable.

2. The judgment of the court below is clear that the defendant's driving of a motor vehicle without a driver's license in the state of drinking alcohol level of 0.115% in the second blood alcohol level even though the defendant was sentenced twice in 2011 and 2014 due to drinking driving. However, considering the fact that the defendant's driving of a motor vehicle without a driver's license in the state of drinking alcohol level of 0.115%, the defendant's driving of the motor vehicle is taking the attitude of admitting and opposing the defendant's wrongness, the degree of the defendant's driving, the interval of time and punishment of the same kind of crime power, and other circumstances such as the defendant's age, character, environment, economic situation, motive

3. In conclusion, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and the following decision is rendered after pleading

Criminal facts

The summary of facts and evidence recognized by the court is the same as that of the corresponding part of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;