The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. The decision of the court below on the gist of the grounds for appeal (two years of suspended sentence for six months of imprisonment) is too unreasonable.

2. The crime of this case is an unfavorable circumstance to the Defendant, such as the fact that the Defendant driven a vehicle while under influence of 0.107% of blood alcohol concentration without a driver’s license, and the fact that the Defendant was punished four times due to a drunk driving and without a driver’s license, etc.

However, in full view of all the circumstances that are favorable to the defendant, such as the confession and reflect of the defendant, the fact that the defendant is in a position to support his parent and wife, the health and economic conditions of the defendant, the fact that the defendant is forced to retire ipso facto from the university in which he is in office, the fact that the defendant sells the vehicle driving at the time of the instant case, etc., and that the defendant does not repeat again, such as selling the vehicle, etc., the character and conduct and environment of the defendant, the background and result of the instant crime, the circumstances after the instant crime, etc., and the circumstances after the crime, etc., the punishment imposed by the court below is recognized to be unfair, and therefore the above argument by the

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.

Criminal facts

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

Application of Statutes

1. Relevant provisions of Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Violation of the provisions of Articles 40 and 50 of the Commercial Code (the punishment shall be imposed as provided for the concurrent driving crime) of the Commercial Code;