The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (e.g., 7 million won) of the lower court’s punishment (e.g., 7 million won) is too unreasonable.

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

On October 16, 2020, the defendant was sentenced to imprisonment with prison labor for a violation of the Chemicals Control Act at the Suwon District Court on October 16, 202, and the above judgment became final and conclusive on October 24, 2020.

Since the instant crime of violation of the Road Traffic Act (non-licensed driving) against the accused is a concurrent crime provided for in the latter part of Article 37 of the Criminal Act with the above violation of the Chemicals Control Act, etc. of which judgment becomes final and conclusive, the sentence shall be imposed in consideration of equity in the case of concurrent judgment pursuant to Article 39(1) of

However, the lower court, without considering this, sentenced a sentence, cannot be maintained any longer.

3. Accordingly, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is decided as follows through pleading.

[Discied reasoning of the judgment below] The summary of criminal facts and evidence recognized by this court is added to "the defendant was sentenced to imprisonment with prison labor for a period of one year and six months at the Suwon District Court on October 16, 2020, and the above judgment became final and conclusive on October 24, 2020," and except for addition of "the search and judgment of the Supreme Court" to the summary of evidence, it is identical to each 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 legal provisions concerning facts constituting an offense, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, each of the choice of punishment, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and the selection of fines, respectively;

1. Article 37 of the Criminal Code for the Handling of Concurrent Crimes