A defendant shall be punished by imprisonment for not less than three months.

2. As to the instant crime, it is recognized that the Defendant’s driving without a driver’s license was not less than 1km, and that the Defendant was sentenced to three times (two times a fine, one time a suspended sentence), or one time a suspended sentence due to driving without a driver’s license, and in particular, on June 21, 2016, the Busan District Court sentenced the Defendant to three years of suspended sentence for a violation of the Road Traffic Act (unlicensed Driving) or one year of suspended sentence for a violation of the Road Traffic Act (driving) at the Busan District Court, and on June 29, 2016, the said judgment became final and conclusive on June 29, 2016, and again committed the instant crime during the suspended sentence on June 30, 2016.

However, considering the overall circumstances, such as the fact that the defendant recognized the crime of this case and reflects his mistake, the economic situation of the defendant is difficult, the fact that the defendant suffers from a disease such as stimulative disorder, the fact that the defendant is 24 years old, the defendant's environment, family relations, circumstances leading to the crime of this case, and the circumstances before and after the crime, etc., the sentence of the court below is too unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns 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, which choose the penalty;