The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. The sentence imposed by the lower court (six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. On January 21, 2016, the Daegu District Court rendered a two-year suspended sentence of imprisonment for a violation of road traffic law (unlicensed driving) in the Daegu District Court Kimcheon support on January 21, 2016, even though the defendant was sentenced to a two-year suspended sentence for the violation of road traffic law (unlicensed driving) and was still serving as a suspended sentence, the defendant needs to be subject to corresponding punishment.

However, in full view of the following circumstances: (a) the Defendant’s mistake is recognized; (b) the Defendant has been detained for more than two months in the instant case; (c) the driving distance is relatively short; (d) the Defendant scrapped the vehicle used for the instant crime; (b) the Defendant’s sentence was suspended; and (c) the Defendant has somewhat harsh aspects of the sentence imposed upon the Defendant; and (d) other various circumstances that form the conditions for sentencing specified in the instant case, such as the Defendant’s age, sex behavior, environment, family relationship, etc., the lower court’s punishment is too unreasonable.

3. The decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description in each corresponding column of the judgment below, and thus, it is acceptable to accept it in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, and the selection of fines concerning the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;