The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,500,000.

The above fine shall not be paid by the defendant.

1. The sentence (2.5 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. According to the records of this case’s judgment ex officio, the Defendant was sentenced to a suspended sentence of two years, protection observation, and community service order in October, 2016, which was sentenced to a suspended sentence of two years, and the said judgment became final and conclusive on November 30, 2016, for the crime of violating the Road Traffic Act (unlicensed Driving) on November 22, 2016.

As above, the crime for which judgment has become final and conclusive and the crime of this case are concurrent crimes with the crime of this case after Article 37 of the Criminal Act, and in accordance with the first sentence of Article 39 (1) of the Criminal Act, the punishment for the crime of this case shall be imposed by considering the equity in the case where the judgment is to be rendered at the same time in accordance with the first sentence of Article 3

3. Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment of the court below is reversed, and it is again decided as follows after pleading.

[Re-written judgment] The summary of criminal facts and evidence recognized by this court is the first head of the lower judgment’s criminal history and the judgment became final and conclusive on November 30, 2016 on the following grounds: “The Defendant was sentenced to imprisonment with labor for a period of two years in suspension of execution, protection observation and community service order on October 2016, which was sentenced to imprisonment with labor for a violation of Road Traffic Act (unlicensed Driving) on November 22, 2016.

“A previous conviction in the judgment of the court below” is the same as indicated in each corresponding column of the judgment of the court below, except for adding “1. The previous conviction in the judgment of the court below” to “1. The defendant’s oral statement at court and the search of the Supreme Court case” in the space of the evidence. As such, all of them are cited by Article 369

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

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.