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 main point of the grounds for appeal is that the court below's imprisonment (four months of imprisonment) is too unreasonable.

2. The judgment of the defendant has a record of being punished several times for the same crime, and the defendant committed the crime of this case without being aware of the fact that he/she had been under suspension of the execution of the same crime, and the defendant was driving another person who is not himself/herself at the early stage of the investigation, resulting in a confusion in the investigation by deceiving another person, etc. is disadvantageous to the defendant.

However, in light of the circumstances, such as the fact that the Defendant appeared to reflect on the recognition of the crime of this case, the fact that the Defendant had committed a prison life for four months due to the instant case, the fact that the previous suspended execution was invalidated when the Defendant was sentenced to a sentence, and that the Defendant was somewhat harsh, and other various sentencing conditions specified in the records and arguments of this case, such as the Defendant’s age, character and conduct, and environment, the sentence imposed by the lower court is unreasonable.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted 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, which choose the penalty for a crime;

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