The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. The lower court’s punishment (four months of imprisonment) is too unreasonable in light of the main sentence of the grounds for appeal.

2. Although the defendant had the record of having been punished for the same kind of crime, he/she driving a motor vehicle under the influence of alcohol content of 0.11% with no driver's license for the same crime without being aware of the fact that he/she was under suspension of execution due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (i.e., escapeing vehicles). In light of the above previous conviction relation and the drinking volume, etc., the crime of this case is not easy to case, and the driving of drinking is a serious crime that causes harm to the life and body of himself/herself and others, and the revised Road Traffic Act that strengthens the criminal punishment by raising the statutory punishment for such crime is

However, in full view of the following circumstances: (a) the Defendant recognized all of the crimes of this case as well; (b) the Defendant was living in custody for three months due to the instant case; (c) the Defendant was sentenced to a sentence; (d) the previous suspended sentence became effective; and (e) the Defendant’s age, sex, environment, background of the crime, circumstances after the crime, etc.; and (e) the sentence imposed by the lower court is unreasonable.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

Criminal facts

The summary of the facts and evidence recognized by the court is the same as those stated in the corresponding column of the judgment of the court below, and thus, they are quoted 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, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving).