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

The above fine shall not be paid by the defendant.

2. While the Defendant had a number of records of punishment for driving without a license, the Defendant was driving in the state of a license without a license and committed the instant crime.

However, considering the fact that the defendant recognized the facts charged and tried not to repeat the crime in this case, and that the sentence of this case becomes final and conclusive due to the crime in this case, the sentence before the suspension of execution has to be invalidated and suspended, and considering the fact that the above suspended sentence was sentenced to the crime in this case, it seems that the defendant seems to be excessively harsh, and that the defendant seems to have an opportunity to sufficiently reflect the defendant's life through detention, and other circumstances, such as the defendant's age, sex, environment, circumstances leading to the crime, and circumstances after the crime, etc., the sentence of the court below is unreasonable.

3. The decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as 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 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act concerning the facts constituting a crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;