The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

1. The lower court’s sentence (12 million won) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for an ex officio appeal. According to the evidence submitted by the prosecutor at the trial of the party, the defendant is sentenced to imprisonment with prison labor for one year, one year, and three years of suspension of execution, and the above judgment becomes final and conclusive on November 24, 2017 at the Ulsan District Court on November 16, 2017, for the crime of violation of road traffic law (driving without a license), and the crime of violation of road traffic law (driving without a license) committed in relation to each of the crimes in the judgment of the court below against the defendant, and the crime of violation of road traffic law (driving without a license) committed in relation to the latter part of Article 37 of the Criminal Act, and thus, the judgment of the court below should be sentenced to punishment for each crime in consideration of the balance between the cases where it is judged at the same time pursuant to the main sentence of Article 39 (1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and the judgment below is reversed and it is again decided as follows.

[Grounds for a new judgment] The summary of the facts constituting an offense and evidence recognized by the court and the summary of the evidence are the facts constituting an offense, and the judgment of the court below became final and conclusive on November 24, 2017, on the first head of the judgment of the court below, for the following reasons: “The Defendant was sentenced to imprisonment with prison labor for one year for a violation of the Road Traffic Act (driving) and a violation of the Road Traffic Act (licensed driving) at the Ulsan District Court on November 16, 2017.

“A previous conviction in the judgment” is added to the summary of the evidence, and except for the addition of “a prior conviction in the judgment: the text of the evidence” as stated in each corresponding column of the judgment of the court below, thereby citing it as is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 314(1) of the Criminal Act (the point of interference with business) and Article 311 of the Criminal Act as to the facts constituting an offense (in the case of insult).