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. On June 21, 2012, the defendant was sentenced to a suspended sentence of ten years for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, Road Traffic Act, and the Road Traffic Act, and committed the instant crime during the grace period. However, there are disadvantageous circumstances, such as the defendant committed the instant crime. On the other hand, the instant case is a mere one-timelessless driving without a alcohol driving or a traffic accident without a traffic accident. If the defendant was sentenced to a suspended sentence in this case, he appears to have been sentenced to a prison sentence of ten months for the above suspended imprisonment, and his children are under mixed support, and the defendant was sentenced to a suspended sentence in this case, and the defendant committed the instant crime during the grace period. In light of the following circumstances: (a) the Defendant was under the imprisonment for a limited period of three months; and (b) the instant case is a mere one-timeless driving without a license without a alcohol or a traffic accident, and (c) the Defendant appears to have served a prison sentence for ten months; (d) the age, character and behavior of the defendant, family environment, and circumstances before and circumstances before and after the instant sentencing.

2. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is reasonable, and the following decision is rendered after pleading

Criminal facts

The summary of the facts charged and the evidence admitted by the court are all the same as the corresponding columns of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act on Criminal Facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the selection of fines and the selection of fines for the crime;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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