Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

A. The court below erred by misapprehending the legal principles, since the court below sentenced 5 million won more than 3 million won among the selective form of the statutory penalty of the crime of this case, the court below erred by misapprehending the legal principles.

B. The lower court’s sentence of unreasonable sentencing (one million won of a fine) is too unhued and unreasonable.

2. Based on the judgment, the court below applied Article 152 subparagraph 1 and Article 43 of the Road Traffic Act to the crime of violation of the Road Traffic Act (non-licensed driving), which is the defendant's crime of this case, and selected a fine among the statutory penalty for such crime, and sentenced the defendant to a fine of KRW 5 million.

However, the upper limit of the fine for the crime of violation of the Road Traffic Act (unlicensed driving) is three million won, and the lower court erred in the misapprehension of the legal principle as a result of sentence exceeding the upper limit of the statutory penalty, thereby affecting the conclusion of the judgment. Therefore, the Prosecutor’

3. If so, the prosecutor's appeal is reasonable. Thus, without examining the prosecutor's argument of unfair sentencing, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is again decided after pleading.

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

Application of Statutes

1. Relevant Article of the Act on Criminal Facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the selection of fines and the selection of fines for the crime;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant has been punished three times for driving without a license. On August 25, 2015, the Defendant was sentenced to a suspended sentence of six months for driving without license and driving without license on drinking, and the two-month period has not yet passed since three months have not yet passed, and thus, the Defendant’s liability for driving without license is heavier.

However, the defendant is contrary to the facts charged in this case, and the defendant was driving.