The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal that the court below rendered by the defendant is too unhued and unfair.

2. Before determining the grounds for appeal by a prosecutor ex officio, the court below ex officio examined the grounds for appeal. The court below applied Articles 148-2(2)2 and 44(1) of the Road Traffic Act and Articles 152 subparag. 1 and 43 of the Road Traffic Act to the criminal facts of a driving without a license as stated in the judgment, and selected a fine for ordinary concurrent treatment. The statutory penalty for the violation of the Road Traffic Act is a fine of not less than six months but not more than one year, or a fine of not less than three million and not more than five million won, and the statutory penalty for the violation of the Road Traffic Act (unlicensed driving) is a fine of not more than one year, or a fine of not less than three million won. Thus, the scope of the punishment for the violation of the Road Traffic Act is a fine of not less than six months and not more than one year, or a fine of not less than three million won and not more than five million won.

Nevertheless, the court below erred in the misapprehension of law that affected the conclusion of the judgment by imposing a sentence beyond the scope of the punishment imposed on the defendant with excessive punishment, and therefore the judgment of the court below is no longer maintained.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's assertion of unfair sentencing, and the judgment below is again ruled as follows after hearing.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the entries in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Reasons for sentencing of Articles 70 and 69(2) of the Criminal Act to attract the workhouse.