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 lower court (four months of imprisonment) is too unreasonable.

2. On September 13, 2012, the Defendant had been sentenced to punishment several times for driving without a license, and sentenced to imprisonment for a violation of the Road Traffic Act (unlicensed Driving) and for a violation of the Road Traffic Act and for a period of eight months and two years of suspended execution, etc., and committed the instant crime during the period of suspended execution.

However, the crime of this case is limited to a mere driving without a license, and driving a vehicle with approximately 50 meters of 50 meters for parking while waiting for a substitute driver, and there are circumstances to consider the situation.

The defendant's family members are also showing a strong guidance to the defendant, and the defendant's family members are trying not to repeat the crime in depth.

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, the selection of fines and the selection of fines for the crime;

1. Articles 70 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;