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 Defendant committed the instant crime because he/she was sentenced to four times a fine and one time a suspended sentence due to the same kind of crime, and in particular, on April 3, 2014, he/she was sentenced to imprisonment for eight months and two years a suspended sentence on the grounds of violation of the Road Traffic Act (unlicensed driving) on April 3, 2014, and two months a final judgment became final and conclusive, which again committed the instant crime, is disadvantageous to the Defendant.

However, in light of the following circumstances: (a) the Defendant recognized the instant crime; (b) there is no history of imprisonment with prison labor; (c) the Defendant was detained for more than three months due to the instant crime; and (d) it appears that the seriousness of punishment following the investigation and trial conducted while under detention for more than three months; and (c) there still remains a large number of previous probation periods, and thus, it appears that the effect of preventing recidivism can still be achieved on the sole basis of the above suspended sentence; and (d) the long-term detention of the Defendant would have a significant impact on his family’s livelihood if the sentence of the previous suspended sentence is invalidated, taking into account various sentencing conditions indicated in the records, such as the Defendant’s age, character and conduct, means and consequence of the instant crime; and (e) the Defendant’s imprisonment (four months) is deemed unreasonable.

2. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

【Discied Judgment】 The facts constituting a crime and the summary of evidence recognized by the court are the same as the entries in each corresponding column of the judgment below. Thus, they are quoted as they are 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. The Criminal Act for the detention of a workhouse;