The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The gist of the grounds for appeal is that the lower court’s punishment (a fine of KRW 3.5 million) is too unhued and unreasonable.

2. Ex officio determination

A. In the case of a crime of violating the Road Traffic Act due to driving without a license, it is reasonable to view that each driving day is engaged in one driving act on the basis of the date of driving on the basis of social norms except in special cases such as the case where a driving has commenced on the same day and has been continuously driven in the same opportunity until the next day. Therefore, the crime of violating the Road Traffic Act due to driving without a license

B. (See Supreme Court Decision 2001Do6281 delivered on July 23, 2002).

The facts charged in the instant case are that the Defendant driven a H “tecas” car without a driver’s license over three occasions on the same day (hereinafter “instant vehicle”). In light of the legal principles as seen earlier, it is deemed that only one crime of violating the Road Traffic Act (unlicensed Driving) is established, since it constitutes one act of driving in light of the aforementioned legal principles.

Nevertheless, the court below erred by misapprehending the legal principles as to the number of concurrent crimes by deeming that several violations of the Road Traffic Act (unlicensed driving) have been established due to unlicensed driving acts as stated in the judgment of the court below without permission, and adding aggravated amounts to concurrent crimes. Since the scope of punishment increases due to the aggravation of concurrent crimes, the court below's misapprehension of legal principles as to the number of crimes has ultimately affected the judgment.

3. Therefore, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's argument of unfair sentencing, and the judgment below is again decided as follows after oral argument.

【Grounds for the Judgment of the Supreme Court, 【D’ in the Second Instance 10, the summary of the facts constituting a crime and the evidence admitted by the Court, 【D’ in the Second Instance 10, shall be corrected “H, and the same page 10.”