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 24, 2012, the Defendant had been sentenced to punishment several times due to drinking, unlicensed driving, and was sentenced to imprisonment for one year and six months due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (traffic Violence, etc.) in the Daegu District Court Kimcheon Branch of the Daegu District Court on September 24, 2012, and committed the instant crime during the probation period.

However, there is no record that the defendant was punished as a sentence, and the crime of this case is limited to a simple driving without a license.

The defendant is divided in depth into the crime and does not repeat the crime.

After graduating from industrial high schools, the defendant has faithfully lived in the textile company for not less than 19 years, and is now making it difficult for the defendant to work in a single position after divorce.

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 as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

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;