The judgment of the court below is reversed.

The sentence against the accused shall be 5,000,000 won.

Defendant. A fine.

1. The reasoning of the appeal is heavier than that of the lower court.

2. We examine the defendant's grounds for appeal ex officio prior to judgment.

The crime of aiding and abetting the violation of the Road Traffic Act (unlicensed driving) among the crimes of this case shall be prescribed as an aiding and abetting offender within the scope of the term of punishment for which necessary mitigation has been granted pursuant to Article 32(2) of the Criminal Act.

The judgment of the court below contains an error of law by omitting the mitigation of aiding and abetting.

The judgment of the court below can no longer be maintained in this respect.

3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment of the court below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence against the defendant recognized by this court is identical to each corresponding column of the judgment below, and thus, it is also accepted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 152 Subparag. 1 and Article 43 of the Road Act, Article 32(1) of the Criminal Act, Article 151(1) of the Criminal Act, Article 81 Subparag. 2 and Article 12(1) of the Automobile Management Act, Article 80 Subparag. 2 and Article 12(3) of the Automobile Management Act, Article 46(2)2 and Article 88 of the Guarantee of Automobile Compensation Act, the main sentence of Article 86 of the Guarantee of Automobile Compensation Act, and the choice of fines;

1. Article 32 (2) and Article 55 (1) 3 (Discretionary Mitigation) of the Criminal Act mitigated by law;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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