The judgment of the court below is reversed.

Defendant shall be punished by a fine of five million won.

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the court below's imprisonment (four months of imprisonment) is too unreasonable.

2. The judgment of the defendant has been subject to punishment several times due to driving without a license. However, the crime of this case is committed even though the defendant was under suspension of execution due to driving without a license, etc., and it is difficult for the victim to compensate for a traffic accident if a vehicle not covered by mandatory insurance causes a traffic accident. Therefore, even though the defendant forced to purchase mandatory insurance, he/she operated the vehicle without a mandatory insurance, etc., is disadvantageous to the defendant.

However, taking into account the following circumstances: (a) the Defendant appears to have committed the instant crime; (b) the Defendant’s attitude to reflect the Defendant’s non-licensed driving without a license, other than those who were sentenced to suspended sentence, has been prior to ten years or longer; (c) the Defendant had been under custody for three months or longer due to the instant case; and (d) when the Defendant was sentenced to a sentence, the previous suspended sentence became effective and is somewhat harsh; and (e) the sentencing conditions indicated in the instant records and arguments, such as the Defendant’s age, character and conduct, environment, motive and circumstance of the instant crime, and circumstances after the instant crime, etc., the sentence imposed by the lower court is unreasonable

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as 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 legal provisions concerning facts constituting an offense, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose a penalty, and Article 46 (2) 2 and Article 8 of the Guarantee of Automobile Accident Compensation Act;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;