The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months and by a fine of thirty million won.

The above fine shall be imposed on the defendant.

1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced the defendant (one year of suspended sentence and fine of 300,000 won in the month of imprisonment with prison labor, community service, and lecture attendance order of 80,000 won in the month of 6 months) is too unreasonable.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant for an ex officio judgment.

While the lower court sentenced the Defendant to a suspended sentence of one year and three hundred thousand won for six months, the lower court should have mitigated the lower limit in accordance with the conditions prescribed by Act in order to sentence the Defendant six-month imprisonment, on the ground that the lower limit of the sentence is one year, since the lower court was the one year period of imprisonment, which is set forth in the crime of violation of the Road Traffic Act (refluence of drinking), and the crime of violation of the Road Traffic Act (refluence of drinking), and the crime of violation of the Road Traffic Act (refluence of driving without a license).

Nevertheless, the lower court, without going through such a process, sentenced to a punishment that deviates from the scope of the applicable sentences in law, and thus, the lower judgment was no longer maintained.

3. If so, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 154 Subparag. 2 of the relevant Act and Articles 154 Subparag. 2 and 43 of the Road Traffic Act, Articles 148-2 Subparag. 1 Subparag. 2 and 44(2) of the Road Traffic Act (the refusal of drinking measurement, the selection of imprisonment), and Article 136(1) of the Criminal Act (the obstruction of performance of official duties) concerning criminal facts.