The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. The decision of the court below on the gist of the grounds of appeal (7 million won of a fine) is too unhued and unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the ex officio judgment prosecutor.

Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the Road Traffic Act apply to applicable law to criminal facts, and the defendant selected a fine of seven million won, and sentenced the defendant to a fine. However, the statutory penalty prescribed by the pertinent provision of the Road Traffic Act is a imprisonment of not more than one year or a fine of not more than three million won, and the upper limit of a fine selected by the court below is three million won. Thus, the judgment of the court below is in violation of the Act and subordinate statutes that affect the conclusion of the judgment,

3. Therefore, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, on the grounds of ex officio reversal, and the judgment below is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the Road Traffic Act (Selection of Imprisonment) recognize and reflects the crimes.

On the other hand, the defendant has been punished by a fine on two occasions due to driving without a license, and has been punished three times (two times a fine and one time a suspended sentence) due to drinking driving.

In particular, the crime of this case was committed during the period of suspension of execution due to the crime of the above drunk driving, and there is no conviction against the defendant.

In addition, the punishment shall be determined as ordered in full view of all the circumstances that are conditions for sentencing, such as the age, character and conduct, environment, family relationship, motive and background of the crime, and the circumstances after the crime.