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

2. On August 12, 2016, inasmuch as the Defendant had already been punished three times by driving without a license, and in particular, the Defendant is in the instant crime without being aware of the fact that he was sentenced to a two-year suspended sentence in October 10 months of imprisonment due to a violation of road traffic law (licenseless driving) at the Manpo Branch Branch of the Gwangju District Court on 198.12.

However, in full view of the following circumstances: (a) the Defendant’s mistake is recognized; (b) the Defendant was detained for three months in the instant case; and (c) the driving distance is shorter than about 25 meters; (b) the Defendant’s imprisonment for which the execution was suspended if the sentence was imposed on the Defendant; and (c) the Defendant was somewhat harsh for him; and (d) other various circumstances, which form the conditions for sentencing specified in the instant case, such as 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;