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 sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. The judgment of the Defendant had the record of being punished several times, including a suspended sentence due to drinking driving and unlicensed driving, and the need to punish the Defendant with strict punishment is recognized even though the Defendant committed the instant crime even though he/she was sentenced to a suspended sentence for 10 months on July 8, 2014 after being sentenced to a suspended sentence for 10 months due to drinking or non-licenseing driving in the Daegu District Court resident support for the stay of Daegu District Court.

However, the defendant has no record of punishment exceeding the suspended sentence, and has not committed the crime of this case in depth and has not committed the crime of this case.

The crime of this case is a simple driving without license, and does not cause a traffic accident.

The defendant is most likely to support his/her family members, such as his/her wife and children, and it seems that he/she has an opportunity to sufficiently reflect his/her family members through confinement for about two months.

In addition, considering the age, character and conduct, environment, family relationship, etc. of the defendant and all the sentencing conditions shown in the arguments, the sentence imposed by the court below is unfair.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the statement in each corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act on Criminal Facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, which choose the penalty for a crime;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;