The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the court below's imprisonment (four months of imprisonment) is too unreasonable.

2. On June 29, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Road Traffic Act (unlicensed Driving) in Daegu District Court racing support, etc., and on September 20, 2016, the above judgment became final and conclusive on September 20, 2016. As regards the crime of the lower judgment and the crime of violating the Road Traffic Act (Unlicensed Driving) which became final and conclusive on September 20, 2016, in relation to concurrent crimes under the latter part of Article 37 of the Criminal Act, the Defendant is in the relation of concurrent crimes under the latter part of Article 39(1) of the Criminal Act, and should be sentenced to punishment

3. If so, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows.

Criminal facts

On June 29, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Road Traffic Act (unlicensed Driving) in Daegu District Court and racing support, and the judgment became final and conclusive on September 20, 2016.

On January 12, 2016, at around 21:40, the Defendant driven a C QM3 car without a vehicle driver's license from the front side of the Jindo-dong, Dongcheon-si, Dongcheon-si to the front side of the frequency of the temporary racing.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to reports on the occurrence of accidents, drivers' license registers, and carnets;

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. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act dealing with concurrent crimes;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is against the Defendant’s acknowledgement of the facts charged, and the reason for driving without a license.