The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. The decision of the court below on the gist of the reasons for appeal (4 months of imprisonment) is too unreasonable.

2. The judgment of the accused has a record of being sentenced to criminal punishment several times for the same crime, and in particular, it is not easy to see that the accused committed the crime in this case without being aware of the fact that he was sentenced to the imprisonment of six months for the same crime, which was under the suspension of the execution of two years.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime; (b) the Defendant has an opportunity to reflect on the Defendant’s life in prison for about four months due to the instant crime; (c) the Defendant was sentenced to a suspended sentence when the Defendant was sentenced to imprisonment; and (d) the Defendant was somewhat harsh in terms of the sentence; (c) the Defendant’s person’s booms the Defendant’s wife; and (d) other circumstances that form the conditions for sentencing specified in the instant case, such as the Defendant’s age, sex, criminal conduct, environment, family relationship, and circumstances after the instant crime, the sentence imposed by the lower court is somewhat unreasonable; and therefore, (d) the Defendant and his/her defense counsel’s unjust assertion

3. 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 with merit, and the judgment below is reversed and it is again decided as follows

Criminal facts

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

Application of Statutes

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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;