A. In the misapprehension of the legal principle, a defendant's driving of a motor bicycle without a driver's license is a kind of basic right or non-vid resistance, which constitutes a legitimate act or the defendant did not have the knowledge of illegality.

B. The punishment of the lower court (the amount of KRW 300,000) that is unfair in sentencing is too unreasonable.

2. Determination

A. Determination 1 on the assertion of misapprehension of the legal doctrine can be limited by law only when it is necessary for national security, maintenance of order, or public welfare (Article 37(2) of the Constitution of the Republic of Korea). The driver’s license system requiring certain qualifications for drivers to ensure safe and smooth flow of traffic by preventing traffic danger and impediment on the road, or the pertinent unauthorized driving does not constitute legitimate act as a non-defluent resistance.

Therefore, this part of the defendant's argument is without merit.

2) Article 16 of the Criminal Act provides, “The act of misunderstanding that his act does not constitute a crime under the Acts and subordinate statutes shall not be punishable only when there is a justifiable ground for misunderstanding” with regard to the assertion that there was no awareness of illegality. It does not merely mean a site of law, but generally constitute a crime, but it is recognized that his act does not constitute a crime due to an act permitted by the Acts and subordinate statutes in his own special circumstances and there is a justifiable ground for misunderstanding of misunderstanding (see, e.g., Supreme Court Decision 2000Do3051, Sept. 29, 200). In light of the above legal principles, there is a justifiable ground for misunderstanding that the defendant's act is not a crime permitted by the Acts and subordinate statutes.

grounds to consider.