The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 300,000.

The above fine shall not be paid by the defendant.

1. The judgment of the court below that sentenced a fine of one million won exceeding the statutory penalty of the grounds for appeal is unlawful.

2. On February 13, 2013, the facts charged in this case were examined ex officio, and the defendant driven a cwheeled vehicle without a motorcycle driver's license. Accordingly, the court below did not apply Article 154 subparagraph 2 of the Road Traffic Act punishing a person driving a motorcycle without a motorcycle driver's license, but applied subparagraph 2 of Article 152 of the Road Traffic Act, which is a provision punishing an employer who allowed a person who has not obtained a driver's license to drive a motor vehicle, and sentenced the defendant guilty by applying subparagraph 2 of Article 152 of the Road Traffic Act (the statutory penalty of less than one year or a fine of less than three million won), which is a provision punishing

3. The court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal, and it is so decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

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