A. misunderstanding of facts (the point of driving without a license) the Defendant was aware of the validity term of a driver’s license on September 19, 2018, and was driving on September 19, 2018. Therefore, there was no intention to drive without a license at the time of the instant driving.

Nevertheless, the judgment of the court below convicting this part of the facts charged is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

B. The sentence imposed by the lower court on the Defendant (ten months of imprisonment) is too unreasonable.

2. Determination

A. In light of the following circumstances, it is reasonable to view that the Defendant was driving with the knowledge of the circumstances in which his driver’s license was revoked at the time of the instant case, and the judgment of the court below which found the Defendant guilty of this part of the facts charged is justified, and it does not seem that there was an error of mistake of facts, as alleged by the Defendant, in the judgment of the court below.

① At the time of the police investigation on September 20, 2018, the Defendant inevitably driven a motor vehicle due to his/her occupation only when he/she knew that he/she was unable to drive a motor vehicle on July 25, 2018, while attending the Seocheon Police Station and being investigated at the time of August, 2018.

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② The Defendant, in the court of the original instance, led to confession of this part of the facts charged, and the credibility of such statement is recognized.

③ Prior to the instant case, the Defendant has been punished several times by driving without a license.

B. We examine the judgment on the assertion of unfair sentencing, and there is no change in circumstances that may consider the sentencing after the judgment of the court below, and multiple sentencing conditions specified in the records and arguments of this case.