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 (four months of imprisonment) is too unreasonable.

2. On June 30, 201, the Defendant had been sentenced to criminal punishment several times due to the violation of the Road Traffic Act (unlicensed driving), and committed the instant crime again during the suspension period after being sentenced to imprisonment for six months with prison labor and two years of suspended execution at the Seog Branch of the Daegu District Court.

However, there are circumstances to consider that D driving of a motor vehicle would have been driven on behalf of the defendant on the wind that causes sudden uniforms.

The defendant is divided in depth into the crime of this case, and the defendant's family members do not repeat the crime of this case, and the defendant's family members are also showing strong guidance to the defendant.

In full view of the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleading, the sentence imposed by the court below is unfair.

3. In conclusion, the judgment 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 following judgment is rendered again after pleading.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the statement in each corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act on Criminal Facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the selection of fines and the selection of fines for the crime;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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