The judgment of the court below is reversed.

The punishment of the accused shall be set forth in six months.

1. The main point of the Prosecutor’s grounds for appeal is that the lower court’s sentencing (five million won of a fine) is too unhued and unreasonable.

2. The circumstances favorable to the defendant are as follows: (a) the fact that the defendant erred in determining the grounds for appeal; and (b) the fact that the victim of the accident caused by the defendant while driving in the instant case wants not to have the defendant punished several times.

However, since 200, the defendant had been sentenced to three years of imprisonment with prison labor for assault and death in 2006 and was sentenced to four times for a short period of about one half year after release on December 2009. In particular, the defendant was sentenced to six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Act on the Aggravated Punishment, etc. of Road Traffic (unlicensed Driving) at the Incheon District Court on July 6, 201, and continued to be sentenced to imprisonment with prison labor for the same kind of crime (unlicensed Driving) and for a short period of not more than 3 years after release, it appears that he could not be sentenced to imprisonment with prison labor for the same kind of crime, such as imprisonment with prison labor for a short period of not more than 20 days after the completion of the execution of the sentence. The defendant appears to have been sentenced to imprisonment with prison labor for a short period of time after release on January 21, 2012.