A defendant shall be punished by imprisonment for four months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

2. The judgment of the Defendant has the record of being punished several times for driving without a license (one time of suspended sentence, two times of fines), and the need for the Defendant to strictly punish the instant crime even though he/she committed the instant crime even though he/she was sentenced to a suspended sentence for six months after he/she was sentenced to a suspended sentence for six months due to driving without a license in the Seo-gu District Court’s Seo branch branch on August 25, 2014.

However, the defendant has no record of punishment exceeding the suspended sentence, and has not committed the crime of this case in depth and has not committed the crime of this case.

The crime of this case is a simple driving without license, and the defendant seems to have an opportunity to sufficiently reflect the criminal defendant's life through approximately two months of detention.

In addition, considering the age, character and conduct, environment, family relationship, etc. of the defendant and all the sentencing conditions shown in the arguments, the sentence imposed by the court below is unfair.

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.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the statement in each corresponding column of the judgment below, and thus, 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;

1. Article 62 (1) of the Criminal Act (Consideration favorable circumstances in the front);