The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. The main point of the grounds for appeal is that the lower court’s punishment (eight million won in penalty) is too unhued and unreasonable.

2. The statutory penalty for a violation of the Road Traffic Act under Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, which is determined ex officio, is imprisonment with prison labor for not less than six months but not more than one year, or a fine not less than three million won but not more than five million won.

Nevertheless, the lower court sentenced the Defendant to a fine of KRW 8 million, thereby violating the upper limit of punishment.

The judgment of the court below cannot be maintained as it falls under the case of erroneous application of the law and affected the result of the judgment.

3. Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment of the court below is reversed, and it is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the facts stated in each corresponding column of the judgment below, and thus, it is acceptable to accept them as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. 작량 감경 형법 제 53 조, 제 55조 제 1 항 제 3호( 아래 양형의 이유 중 유리한 정상 참작) 양형의 이유 ◈ 법률상 처단형의 범위: 징역 3월 ~ 6월 ◈ 양형기준에 따른 권고 형의 범위 양형기준이 설정되어 있지 않음 ◈ 선고형의 결정 ◎ 불리한 정상 - 피고인은 혈 중 알코올 농도 0.121% 의 술에 취한 상태로 약 26km를 운행하였는바, 술에 취한 정도나 운행한 거리가 적지 않음 - 피고인은...