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 (four months of imprisonment) is too unreasonable.

2. In the past, the Defendant had been punished several times (five times a fine) due to the same or similar crimes, such as the crime of violation of the Road Traffic Act (driving without a license) and the violation of the Road Traffic Act (five times a fine), and on September 2, 201, at the Changwon District Court sentenced the Defendant to the suspension of execution for six months and for the crime of violation of the Road Traffic Act (Non-Exclusive License) at the Changwon District Court on September 2, 201, the Defendant again committed the instant crime while he was under the suspension of execution.

However, the crime of this case does not cause a traffic accident due to the driving of this case, and if the defendant is sentenced to a punishment in this case, he shall lead a prison life by adding a considerable period of time after the suspension of execution is invalidated. This is somewhat harsh compared to the danger of driving without a license (the defendant acquired a driver's license, but the defendant was revoked on February 20, 2009), the defendant is led to confession and reflect, and all other circumstances, which are the conditions of sentencing as shown in the records and arguments such as the character, conduct, environment, etc. of the defendant, the sentence imposed by the court below is somewhat unreasonable. Thus, the defendant's above assertion is justified.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed and it is decided as follows.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the statement in each corresponding column of the judgment below, and thus, it is 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, which choose the penalty for a crime;

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

3. Article 334 (1) of the Criminal Procedure Act.