The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unfilled.

2. We examine ex officio prior to judgment on the grounds for ex officio appeal.

The term "driving" of a motor vehicle without a driver's license means using the horse on the road (including places other than the road in cases falling under Articles 44, 45, 54 (1), 148, and 148-2) according to its original purpose and use (Article 2 subparagraph 26 of the Road Traffic Act) (Article 2 of the Road Traffic Act). The act of violating the Road Traffic Act (Article 2 subparagraph 26 of the Road Traffic Act), and the act of using or managing the motor vehicle of which the owner of the motor vehicle is not mandatory insurance regardless of the transportation of people or goods (Article 2 subparagraph 2 of the Automobile Compensation Security Act). The act of using or managing the motor vehicle of which the owner of the motor vehicle is not mandatory insurance (Article 2 subparagraph 2 of the Automobile Compensation Security Act is established, and each of the above acts constitutes concurrent crimes under the former part of Article 37 of the Criminal Act.

Unlike this, the court below held that the above two crimes are in a mutually competitive relationship under Article 40 of the Criminal Act.

In light of the above, the lower court erred by misapprehending the legal doctrine regarding the number of crimes, and affected the conclusion of the judgment by having changed the scope of punishment due to such errors.

Since the judgment of the court below can no longer be maintained.

3. The judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment below is reversed, and the judgment below is again decided as follows, without examining the prosecutor's improper assertion of sentencing, on the grounds of ex officio reversal as seen earlier.

[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court and the summary of evidence are the same as the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 152 subparagraph 1 of the Road Traffic Act concerning the crime and Article 152 of the same Act concerning selective punishment;