The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

1. The sentencing of the court below (the fine of KRW 2,00,000) on the gist of the grounds of appeal is too unreasonable.

2. Before making judgment on the grounds for appeal ex officio, the defendant was sentenced to imprisonment with prison labor for a violation of the Road Traffic Act (unlicensed Driving) at the Busan District Court on November 7, 2019, and on December 27, 2019, the fact that the judgment became final and conclusive on December 27, 2019 is significant in this court.

The crime of the judgment of the court below against the defendant and the crime of violation of the Road Traffic Act (unlicensed driving) in which the judgment of the court below became final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the same shall be judged at the same time according to the first sentence of Article 39 (1) of the Criminal Act, and the equality shall be considered,

In this respect, the judgment of the court below cannot be maintained as it is.

3. If so, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground of ex officio reversal, and the judgment below is again ruled as follows.

[C] The summary of the facts constituting a crime and evidence recognized by this court is the first head of the judgment of the court below and the defendant is sentenced to one year and eight months of imprisonment for a violation of the Road Traffic Act (unlicensed Driving) at the Busan District Court on November 7, 2019, and the judgment was finalized on December 27, 2019, and is the same as the corresponding column of the judgment of the court below, and thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Acts concerning facts constituting a crime, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, the selection of fines, and the selection of fines;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act is the case where the defendant has a record of having been punished several times for the same kind of crime, and the judgment becomes final and conclusive at the same time.