The judgment of the court below is reversed.

Defendant shall be punished by imprisonment with prison labor of three years and six months and by a fine of thirty million won.

1. The summary of the grounds for appeal by the defendant and his defense counsel is unreasonable because the court below's sentence of imprisonment of three years and six months and fine of three hundred thousand won to the defendant is too unreasonable in light of all the circumstances which serve as the conditions for sentencing.

2. Before determining ex officio the grounds for appeal, Article 35 of the Criminal Act provides that a person who was sentenced to imprisonment without prison labor or a heavier punishment and commits a crime equivalent to imprisonment without prison labor or a heavier punishment within three years after the execution of the sentence is completed or exempted shall be punished as a repeated offense; however, the punishment shall be aggravated by up to twice the maximum term of the punishment specified for the crime; therefore, a repeated offense under the above provision may not be aggravated.

Nevertheless, the judgment of the court below made a repeated offense as to each crime of violation of the Road Traffic Act (unlicensed Driving) which has selected a fine. In this regard, the judgment of the court below is no longer maintained.

3. Accordingly, the court below's decision is reversed ex officio without examining the defendant and his defense counsel's assertion of unfair sentencing, and it is again decided as follows through pleading.

【Reasons for the Judgment of the court below, the facts constituting a crime and the summary of the evidence recognized by the court below, and the summary of the facts constituting a crime and the summary of the evidence, are as stated in the corresponding column of the judgment of the court below, except for adding “V and U’s written statements” to 3 5 e.g., the judgment of the court below, thereby citing it in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-4 (6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the relevant criminal facts and Article 5-4 (6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes for which the choice of punishment is made, Article 329 of the Criminal Act (the selection of limited imprisonment, inclusive) and Article 154 subparagraph 2 of the Road Traffic Act

1. From among repeated crimes, the execution of punishment on February 27, 2012 under Article 35 and the proviso of Article 42 of the Criminal Act is completed.