The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

1. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.

2. The judgment of the defendant has a record of being punished several times for the same crime, and the defendant has committed the crime of this case without being aware of it even though he was during the period of suspension of execution due to the crime of this kind, and it is necessary to strictly punish the defendant.

However, it seems that the sentence of the court below is unfair because it is too unreasonable in full view of all the sentencing conditions such as the defendant's age, sex, environment, motive, means and consequence of the crime, and all of the sentencing conditions, such as the defendant's age, sexual behavior, environment, motive, means and consequence, etc., if the sentence of the court below becomes final and conclusive, the sentence of the court below is too unreasonable.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Comprehensively taking account of various circumstances as seen earlier prior to the sentencing of Article 334(1) of the Criminal Procedure Act.