The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 6,000,000.

The above fine shall not be paid by the defendant.

1. The sentence of the court below (four months of imprisonment) is too unreasonable.

2. In the judgment, the defendant has been punished for the same kind of crime, and it is recognized that the defendant again committed each of the crimes of this case during the probation period due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., but he has committed a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes. However, the defendant is able to refrain from committing the crime without a license again for three months, such as selling the vehicle of this case, etc., the defendant is in a position to support his mother, the defendant is in a position to support his mother, the sentence of imprisonment with prison labor for 10 months is too harsh compared to the degree of each of the crimes of this case. In addition, considering the various conditions of sentencing as shown in arguments such as age, character and behavior, environment, motive, means and result of the crime, the above argument by the court below is too unreasonable, and the above argument by the defendant is justified.

3. In conclusion, the judgment 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 following judgment is rendered again after pleading.

【Reason used in multi-level] Criminal facts and summary of evidence recognized by the court are identical to facts constituting a crime and summary of evidence, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning facts constituting an offense, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, the choice of punishment, and Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;