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 gist of the grounds for appeal is that the lower court’s punishment (three million won of a fine) is too unhued and unreasonable.

2. According to the records of ex officio determination, the Defendant: (a) was sentenced to four months of imprisonment on May 30, 2019 to a crime of violation of the Road Traffic Act (unlicensed Driving) at the Suwon District Court’s Eunpyeong Housing Site; and (b) was finalized on June 8, 2019; and (c) the crime of violation of the Road Traffic Act (Unlicensed Driving) which was established as stated in the judgment of the lower court and the crime of violation of the latter part of Article 37 of the Criminal Act are concurrent crimes under the latter part of Article 39(1) of the Criminal Act; and (d) was sentenced to punishment in consideration of equity and the same (see, e.g., Supreme Court Decision 2008Do209, Oct. 23, 2008).

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal on the grounds of ex officio reversal. The judgment below is reversed and it is again decided as follows.

[Discied reasoning of the judgment below] The summary of the facts constituting a crime and evidence admitted by the court below and the summary of the evidence are as stated in each corresponding column of the judgment of the court below, except for adding "a copy of the judgment of 1.1. judgment" to "a copy of the judgment of the court below" as stated in the "a summary of evidence" of the judgment of the court below, which is the same as stated in each corresponding column of the judgment of the court below in accordance with Article 369 of the Criminal Procedure Act. It is 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. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The record of punishment of the same crime for sentencing of Article 334(1) of the Criminal Procedure Act and the driving of this case.