The judgment of the court below is reversed.

Defendant shall be punished by a fine of five million won.

The defendant does not pay the above fine.

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won penalty) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

According to the records, the defendant was sentenced to four months of imprisonment on July 22, 2015 for a violation of the Road Traffic Act (unlicensed Driving) at the Suwon Friwon, etc., and the judgment became final and conclusive on March 30, 2016.

The crime of violation of the Road Traffic Act (unlicensed driving) and the crime of this case, which became final and conclusive, shall be sentenced to punishment for the crime of this case in consideration of equity between the concurrent crimes in accordance with Article 39(1) of the Criminal Act and the concurrent crimes after Article 37 of the Criminal Act.

Therefore, the judgment of the court below cannot be maintained.

3. The judgment of the court below is reversed ex officio pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment of the court below is reversed, and it is again decided as follows through pleading.

[Re-written judgment] The summary of the facts constituting an offense and the evidence admitted by the court and the summary of the evidence are the facts constituting the offense and the summary thereof. The judgment of the court below was rendered on July 22, 2015 by the defendant who was sentenced to four months of imprisonment with prison labor for a violation of road traffic law (unlicensed driving) at the Suwon Friwon, and the judgment became final and conclusive on March 30, 2016.

Except for the addition of “,” it is identical to each corresponding column of the lower judgment, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 of the Criminal Act applicable to the crime, Articles 347(1) and 30 of the Criminal Act, and the choice of fines for the crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. The sentencing guidelines do not apply to the case, since the Criminal Procedure Act Article 334(1) of the Provisional Payment Order selects a fine for the reasons for sentencing.

The defendant confessions the facts charged in the instant case and repents his mistake, and the defendant.