The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal in the judgment below is unreasonable because the punishment of a fine of one million won is too unlimited.

2. The crime of this case is acknowledged that the Defendant had been punished by a fine in 2012 and 2018 due to the Defendant’s violation of the Road Traffic Act, and that the Defendant had a record of being punished by a fine in 2012 and 2018.

However, in full view of the following factors: (a) the number of times the Defendant was driving without a license is one time; (b) the Defendant led the Defendant to commit the instant crime; (c) the Defendant sold a vehicle owned by each mistake that the Defendant would not repeat the instant crime after the instant crime; (d) the Defendant did not have any record of punishment for the same and similar crimes; (e) equity in sentencing with the same or similar incidents; and (e) equity in sentencing with the Defendant; and (e) other various conditions of sentencing as shown in the instant pleadings, such as the Defendant’s age, career, character and conduct, environment, motive, means and consequence

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

[Discied reasoning] The summary of facts constituting an offense and evidence recognized by the court is identical to each corresponding part of the judgment below, and thus, it is acceptable to accept it 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 for the detention of a workhouse;

1. In determining the grounds for appeal for sentencing under Article 334(1) of the Criminal Procedure Act, the sentence shall be determined as per the order, comprehensively taking into account the various circumstances, conditions of sentencing, etc.