The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10 million.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. Although the Defendant could recognize the fact that he had driven without obtaining a license as at the time of committing the crime, the lower court acquitted the Defendant by misunderstanding the fact and thereby acquitted the Defendant.

B. The lower court’s sentence that is unfair in sentencing (an amount of KRW 10 million) is too unhued and unfair.

2. According to the copy of the driver's license ledger against the defendant submitted by the prosecutor in the trial of the party, the defendant can be found to have no record of obtaining a driver's license in Korea. Thus, the defendant can be fully convicted of driving without a driver's license among the facts charged in the instant case

Therefore, this part of the prosecutor's argument is justified.

3. If so, the prosecutor's appeal is reasonable. Thus, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's unfair argument of sentencing, and the following is again decided after pleading.

[Judgment] The criminal facts [criminal records] The defendant was sentenced to three years of imprisonment for fraud at the Seoul Central District Court on February 13, 2015, and completed the execution of the sentence at the Seoul Central District Court on June 3, 2017. On December 16, 2008, the Seoul Central District Court sentenced a fine of KRW 5 million as a crime of violating the Road Traffic Act (drinking) at the Seoul Central District Court on December 16, 2008, and was sentenced to a fine of KRW 2 million on January 14, 2010.

[2] On October 6, 2017, the Defendant: (a) driven a vehicle in the C U.S. under the influence of alcohol of about 0.151% during blood without obtaining a driver’s license from the roads near Samsung Art Gaon located in Yongsan-gu Seoul, Yongsan-gu, Seoul to the 749-21 parking lot in Gangnam-gu, Gangnam-gu, Seoul.

Accordingly, the defendant is a person who has violated the prohibition of drinking twice or more, and is under the influence of alcohol in violation of the above provision.