The judgment of the court below is reversed.

Defendant shall be punished by a fine of seven 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 of appeal is too unreasonable.

2. Examining the record of the instant case’s ex officio determination, the Defendant, at the Incheon District Court on January 28, 2015, sentenced on six years of suspended execution to six years of imprisonment for a violation of the Road Traffic Act (unlicensed Driving) and 40 hours of compliance driving instruction, and the judgment became final and conclusive on April 23, 2015.

The crime of the above violation of the Road Traffic Act (unlicensed driving) and the crime of this case, which became final and conclusive, shall be sentenced to punishment in consideration of equity in the case of concurrent crimes in accordance with Article 39(1) of the Criminal Act in relation to the concurrent crimes under the latter part of Article 37 of the Criminal Act. Therefore, the lower court’

3. Therefore, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground of the above ex officio reversal, and the judgment below is again decided as follows.

Criminal facts

The summary of the facts charged by this court and the summary of the evidence are as shown in the corresponding column of the judgment of the court below, except for the addition of "the defendant was sentenced to 2 years of suspended execution and 40 hours of compulsory driving and 40 hours of compulsory driving, which became final and conclusive on April 23, 2015 at the Incheon District Court on January 28, 2015, for the crimes of violation of the Road Traffic Act (unlicensed Driving) at the last day of the facts charged of the judgment of the court below, and therefore, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act."

Application of Statutes

1. Article 3 (1), the proviso to Article 3 (2) 7 and 8 of the Act on Special Cases concerning Handling of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 3, Article 44 (1), Article 152 (1) 1, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

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

1. Selection of each alternative fine for punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Detention at a workhouse;