The judgment of the court below is reversed.

Defendant shall be punished by a fine of three million won.

The above fine shall not be paid by the defendant.

1. The decision of the court below on the gist of the grounds for appeal (four months of imprisonment) is too unreasonable.

2. On March 9, 2016, the Defendant was sentenced to imprisonment with prison labor for six months for a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving), and was sentenced to imprisonment with prison labor for two years on March 17, 2016. On March 17, 2016, the Defendant was sentenced to punishment for a violation of the Road Traffic Act (driving) on several occasions, including a previous conviction on which the sentence becomes final and conclusive.

Even though the defendant is under suspension of the execution due to his previous offense such as violation of the Road Traffic Act (drinking), the defendant has also been driving without a license.

On the other hand, the defendant would not repeat the same crime by recognizing his mistake.

There are many things.

The defendant only has been punished once as a crime of violating the Road Traffic Act (unlicensed driving).

In the event that the crime of driving without a license is different from the crime of driving without a license, and the defendant is sentenced to a sentence for this case, it is judged that the punishment of imprisonment with prison labor for six months is harsh.

There are parents and children who should support the defendant, and the family and branch of the defendant want to support the defendant.

In full view of the aforementioned circumstances and other various conditions of sentencing as shown in the instant pleadings, such as the Defendant’s age, sex, occupation, environment, motive, means and consequence of the commission of the crime, etc., the sentence imposed by the lower court is too unreasonable.

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 judgment below is ruled as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below. Thus, it is true in accordance with Article 369 of the Criminal Procedure Act.