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 main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unhued and unreasonable.

2. Prior to the judgment on the grounds of appeal by the defendant's ex officio, the violation of the Road Traffic Act by a person who drives a motor vehicle without a driver's license, and the violation of the Act on the Guarantee of Automobile Compensation by a person who operates a motor vehicle not covered by mandatory insurance differs from the legal interests of protection and the subject of act, etc., and thus, it cannot be deemed as one of the legal interests of protection and the subject of act

However, the court below held that there exists a mutually competitive relationship between the parties.

In light of the above, Article 40 of the Criminal Act applies to the scope of punishment changed, so in so determining, the lower court erred by misapprehending the legal doctrine on the number of crimes, thereby adversely affecting the conclusion of the judgment.

Therefore, the judgment of the court below can no longer be maintained.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment below is again ruled as follows, without examining the prosecutor's improper assertion of sentencing, since there is a ground for reversal ex officio as seen above.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to that stated in each corresponding column of the judgment below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act concerning the facts constituting an offense, subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 (Unlicensed Driving, Selection of Fine) of the Act, Article 46 (2) 2 of the Guarantee of Automobile Compensation, and the main sentence of Article 8 (Selection of Fine) of the Act on Guarantee of Automobile Compensation;

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

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

1. The defendant's reasons for sentencing of Article 334 (1) of the Criminal Procedure Act reflects his or her wrong determination.