The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. The sentence (six months of imprisonment) imposed by the court below on the summary of the grounds for appeal is too unreasonable.

2. Determination is recognized that the Defendant not only had the record of being punished three times due to drinking driving and three times due to driving without a license, but also committed each of the instant crimes without being aware of during the suspension period due to driving without a license, and that the blood alcohol concentration is 0.105% higher than that.

However, in consideration of the Defendant’s age, sexual conduct, environment, motive, means and consequence of each of the instant offenses, and the circumstances after the commission of the offense, the punishment imposed by the lower court is too unreasonable, as it is too unreasonable, considering the following factors: (a) the Defendant made a confession of all of the offenses; (b) the distance of driving a drinking or non-licensed driving is about 50 meters; and (c) the Defendant’s age, sexual conduct, environment; and (d) the motive, means, and consequence of each of the instant offenses;

3. According to the 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 well-grounded, and the following is ruled again after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court is as follows: (a) except for adding “1. A report on the detection of a driver with the primary driver”, “1. An investigation report (applicable with the aforementioned marks)”, and “1. A report on the circumstantial driving without the license” to the column for the evidence of the lower court’s judgment, and thus, it is identical to each corresponding column of the lower court’s judgment, and thus, it is acceptable in accordance with Article 369 of

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 an alternative fine for punishment;

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;