The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 8,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The Prosecutor’s sentence of the lower court (a fine of five million won) is too unhued and unreasonable.

B. The lower court’s punishment is too unreasonable.

2. The circumstances favorable to the Defendant are as follows: (a) the Defendant recognized the commission of a crime; (b) the victim of a traffic accident appears to have been compensated for each damage through a comprehensive insurance in which the Defendant subscribed; and (c) the Defendant was detained for about 40 days from October 17, 2017 to the date the lower judgment was sentenced.

However, the defendant was punished eight times in total for the violation of traffic order such as the violation of the Road Traffic Act (driving and Unlicensed Driving) and the Act on Special Cases concerning the Settlement of Traffic Accidents. In particular, the defendant committed the crime in this case even though he was sentenced to the imprisonment of two years on December 1, 2016 due to the violation of the Road Traffic Act (driving) and the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, which became final and conclusive on December 9, 2016, and was still under the suspension of execution, and committed the crime in this case. Even though he was driving without a license and caused an accident, he was escaped without taking necessary measures to avoid punishment, and the crime was bad in quality of the crime, and the negligence of the defendant was very significant in the occurrence of the accident, considering the circumstances before and after the accident.

In full view of the above circumstances and the Defendant’s character and conduct, environment, circumstances leading to the crime, circumstances after the crime, and the need to prevent recidivism, the lower court’s sentence is somewhat unreasonable and unreasonable.

3. As such, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

[Discied Judgment] Criminal facts and summary of evidence recognized by the court are identical to the facts constituting a crime and summary of evidence. Therefore, Article 369 of the Criminal Procedure Act is applicable to the relevant column of the judgment below.