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 court below (4 months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The Defendant had been punished four times, and the Defendant had been sentenced to a two-year suspended sentence on October 6, 2016 due to a violation of the Road Traffic Act (unlicensed Driving) in the Ggu District Court's Sung Branch on the following grounds: (a) despite being sentenced to a two-year suspended sentence due to a violation of the Road Traffic Act (unlicensed Driving) on October 6, 2016, the Defendant again committed the instant crime only for three months, and thus, the Defendant needs to be punished corresponding thereto.

However, in full view of the following circumstances: (a) the Defendant’s mistake was recognized; (b) the Defendant was detained for more than two months in the instant case; (c) the Defendant appears to have been given an opportunity to reflect his/her punishment; and (d) the Defendant’s punishment was suspended if the Defendant was sentenced to a suspended sentence; and (c) was somewhat harsh aspects of the Defendant’s punishment; and and (d) other various circumstances, including the Defendant’s age, sex, environment, and family relationship, the lower court’s punishment is excessively unreasonable.

3. The decision 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 judgment below is ruled again after pleading as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description in each corresponding column of the judgment below, and thus, it is acceptable to accept it in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, and the selection of fines concerning the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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