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

2. In light of the fact that the accused, including the past records of seven times of punishment for the same crime (including once of the suspension of execution), has a history of criminal punishment for several times, and in particular, the accused has been sentenced to the punishment for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) in one year and six months of the suspension of execution and without being aware of the fact that he/she committed the instant crime without being aware of the fact that he/she was under the suspension of execution of three years of the suspension of execution, and that the accused was under the preference of a fine after driving without a license during the suspension of execution of the execution

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime; (b) the Defendant was detained in court at the time of the pronouncement of the judgment of the court below; (c) the Defendant had an opportunity to reflect the Defendant’s life through detention for about three months after being detained in court; (d) the Defendant’s imprisonment with prison labor for a year and six months for which the execution of the sentence was suspended; and (e) the Defendant was somewhat harsh in terms of the sentence; and (e) other various circumstances, including the Defendant’s age, sex, environment, family relationship, and the circumstances after the commission of the crime, etc., the sentence imposed by the court below is somewhat unreasonable; and (e) the Defendant and his defense counsel’

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 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. Articles 70(1) and 69(2) of the Criminal Act to attract a workhouse.