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 (eight months of imprisonment) is too unreasonable.

2. The judgment of the defendant is necessary to punish the defendant corresponding to the crime of this case because the defendant is driving without a driver's license while driving his or her vehicle, and the defendant has been punished three times for the same crime even before the crime of this case. In particular, the defendant committed the crime of this case without being aware of the fact that he or she was sentenced to a two-year suspended sentence in June of imprisonment with prison labor and was sentenced to a two-year suspended sentence for the same crime, and he or she committed the crime of this case without being aware of it.

However, in full view of various circumstances, including the Defendant’s age, sex, environment, family relationship, and circumstances after the crime of this case, the Defendant and his defense counsel have an opportunity to reflect on the Defendant’s life in prison for about five months, the imprisonment for which the execution of the sentence was suspended if the Defendant was sentenced to imprisonment was also mitigated, and there is somewhat harsh aspect, and other various circumstances that are the conditions for sentencing as indicated in the instant case, the sentence imposed by the lower court is somewhat unreasonable, and thus, the above unfair argument of sentencing by the Defendant and his defense counsel is reasonable.

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 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. The crimes provided for in Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (influence of alcohol).