The judgment below

The part against the defendant shall be reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The defendant above.

1. The summary of the grounds for appeal (legal scenarios) is that the court below rendered a sentence of 7 million won exceeding the maximum of 3 million won among the multiple-choice statutory penalties for the instant crime, and thus, it erred by misapprehending the legal principles.

2. Based on the judgment, the court below applied Article 152 subparagraph 1 and Article 43 of the Road Traffic Act to the crime of violation of the Road Traffic Act (non-licensed driving), which is the defendant's crime of this case, and selected a fine among the statutory penalty for such crime, and sentenced the defendant to a fine of KRW 7 million.

However, the upper limit of fines for the crime of violation of the Road Traffic Act (unlicensed driving) is three million won, and the lower court erred by sentencing a sentence exceeding the maximum statutory penalty, thereby affecting the conclusion of the judgment. Therefore, the Prosecutor’s assertion of misapprehension of the legal doctrine is with merit

3. If so, the prosecutor's appeal is reasonable, and the part of the judgment below against the defendant is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

【Reasons for the Judgment of the Supreme Court which has been written] Criminal facts against the defendant recognized by this court and the summary of the evidence are identical to the facts of the judgment below, and thus, they are cited as it is 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 (1) and 69 (2) of the Criminal Act to attract a workhouse;

1. The fact that the defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order has a record of being punished once for the same traffic crime is disadvantageous to the defendant, or that the defendant is against his/her own mistake, and other factors such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc., such as the defendant's age, character and conduct, environment, motive, means and consequence, shall be determined