The judgment of the court below is reversed.

Defendant shall be punished by a fine of five million won.

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 (six months of imprisonment) is too unreasonable.

2. The Defendant is not subject to criminal liability in that he/she committed the instant crime while being tried by this Court due to the fact that his/her punishment history for such an offense, such as drinking and driving without a license, reaches several times, and that he/she committed the instant crime in violation of the Road Traffic Act.

However, the defendant recognized the facts charged and misunderstandings the wrong facts, and the defendant considered that driving on the farm road does not fall under drinking driving.

If the defendant is a deaf-mute, there are circumstances to consider the above driving circumstances.

In full view of the fact that it appears that there is relatively little risk in light of the place and means of operation, etc., the crime of this case is a crime before and after the final judgment, and there is no particular crime committed by the defendant after the final judgment, and the defendant appears to have an opportunity to reflect the defendant's life through detention, and other various circumstances that form the conditions of sentencing as shown in the record, such as the defendant's age, sex, environment, and circumstances after the crime, the sentence of the court below is unreasonable.

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 ruled again after pleading as follows.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the corresponding column of the judgment below, and thus, the summary of the facts and evidence is 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, and Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Articles 11 and 55 (1) 6 of the Criminal Act to mitigate deaf-mutes;

1. Article 37 of the Criminal Code for the Treatment of Concurrent Crimes