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 summary of the grounds for appeal (e.g., imprisonment with prison labor) sentenced by the lower court is too unreasonable for four months.

2. As to the grounds for appeal, the Defendant had the record of having been sentenced to a fine for a period of four times from 2013 to 4 times due to driving without a license, the judgment was finalized on April 4, 2014 on the two-year suspended sentence, and the fact that the Defendant again repeated driving without license during the suspended sentence period, etc. is disadvantageous to the Defendant.

On the other hand, however, the defendant led to the confession of the crime, his mistake is being divided through the prison life for about three months, and since he has been engaged in daily work for living and has been engaged in various fields, his driving without a license seems to lead to repeated. Since the economic difficulty is the situation where the defendant must provide support to his parents and his daughters, if the defendant's detention is long-term, the defendant's livelihood would be the other spouse's livelihood. In addition, examining the conditions of sentencing prescribed in Article 51 of the Criminal Act, including the defendant's age, character and behavior, environment, motive, means and consequence of the crime, circumstances after the crime, etc., it is unfair for the court below's punishment is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

【Discied Judgment】 The criminal facts of the defendant and the summary of the evidence recognized by the court are identical to the facts stated in the corresponding column 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 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 for the detention of a workhouse;

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