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 due to a similar or similar crime (two times a fine and two times a suspended sentence of imprisonment) such as a crime of violation of the Road Traffic Act (driving under the Act on Special Cases concerning the Settlement of Traffic Accidents) and a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (hereinafter “Special Cases concerning the Settlement of Traffic Accidents”), and in particular, on April 25, 2012, the Defendant was sentenced to two years a suspended sentence on May 3, 2012 and was sentenced to two years a suspended sentence on May 3, 2012 and the said judgment became final and conclusive on May 3, 2012, while driving without the instant license is during the suspended sentence, etc., the Defendant is disadvantageous to the Defendant.

However, in full view of the circumstances that are favorable to the defendant, such as the confession and reflect of the defendant, the fact that the defendant's vehicle driven by the defendant is disposed of in another person and the defendant does not repeat again, the defendant's large father is in a position to support his family, the accident is not caused by the operation of this case, and the defendant has already been detained in two months, and the circumstances that are conditions for sentencing as shown in the records and arguments, such as the character, conduct and environment of the defendant, the background and result of the crime of this case, the circumstances after the crime, etc., and the circumstances after the crime, etc., the above argument of the defendant is reasonable, and therefore, the above argument of the defendant 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 the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act and subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, which select the punishment for the crime, shall be applicable;