The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for four months.

1. The summary of the grounds for appeal: The penalty imposed by the lower court (hereinafter referred to as a fine of KRW 3,000,000) is too unhued and unreasonable.

2. The Defendant recognized the instant crime and is in profoundly against the Defendant.

The Defendant, as a person who runs a construction business with the trade name of “D,” should drive a pumps for concrete removal. On the day of the instant crime, the Defendant directly driven the pumps as he did not seek any alternative driver, with the contact that the pump driver was unable to drive, and there are some circumstances to take into account the driving circumstances.

The Defendant, after committing the instant crime, has employed a new pumps driver and again would not drive without obtaining a license.

These circumstances are favorable to the defendant.

However, the defendant has been punished several times due to the violation of the Road Traffic Act (unlicensed Driving).

In particular, on June 21, 2017, the defendant was sentenced to a 4-month suspended sentence due to a violation of the Road Traffic Act (unlicensed Driving) and committed the crime of this case even though he was under the suspended sentence.

The law firm operated by the defendant at the time of the crime of this case may cause greater risks when the volume or weight of the law firm is greater than that of a general car. Therefore, it is reasonable to view that the act of driving the law firm with no license is more serious than the act of driving the general car without license.

Considering these circumstances, it is necessary to strictly punish the defendant.

In addition, in full view of the Defendant’s age, occupation, character and conduct, environment, family relationship, motive and background of the instant crime, means and consequence of the instant crime, and all of the sentencing conditions shown in the instant records and pleadings, the sentence imposed by the lower court is deemed unreasonable as it is deemed unreasonable.

3. In conclusion, the prosecutor'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 the appeal is again followed after pleading.