The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 700,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to 1.5 million won) is too unreasonable.

2. Determination is that the Defendant was found to have been exposed to driving without a driver’s license in 2002 after the driver’s license was revoked, and there was a history of criminal punishment twice due to non-driving or non-driving without a driver’s license and refusal to measure drinking; despite being discovered by non-license on July 29, 2016 and without a driver’s license on July 31, 2016, the instant crime was repeated within a short period; and the instant without a driver’s license caused a traffic accident and leaving the site are disadvantageous circumstances.

However, in full view of all of the factors for sentencing specified in the records and pleadings, including the fact that the Defendant recognized the crime and reflected in the crime, that the risk of re-offending is low since he/she acquired a driver's license on September 7, 2018, that should be considered with each previous criminal record in the lower judgment, that the equity with the case should be considered, and that the economic situation is not good, the sentencing of the lower court is somewhat unreasonable.

3. If so, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

【The grounds for the judgment in question】 The facts constituting a crime and the summary of the evidence recognized by the court in question and the summary of the evidence are as stated in the corresponding column of the judgment of the court below, except for adding B, the defendant’s statement at the court below at the same time, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act concerning the facts constituting a 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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;