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 sentencing of the court below (4 months of imprisonment) is too unreasonable.

2. Determination

A. In light of the fact that the Defendant committed the instant crime during the period of suspension of execution, the Defendant may not be held strictly liable to the Defendant.

B. Meanwhile, there are extenuating circumstances, such as the following: (a) the instant crime is a matter of simple unlicensed driving; (b) the Defendant is led to the confession of the crime and the mistake; (c) the Defendant has recently been sentenced to imprisonment without prison labor; (d) the chill meat processing company operates the chilled meat processing company; and (e) the employees of

In addition, considering the Defendant’s age, character and conduct, family relationship, living environment, motive, details and result of the crime, and the circumstances after the crime, the sentence of the lower court is too unreasonable.

3. The appeal by the defendant is with merit, and the judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and it is decided as follows.

Criminal facts

The summary of the judgment of the court below is identical to each corresponding column of the judgment of the court below, and 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, which choose the penalty for a crime;

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

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