The judgment below

The guilty portion shall be reversed.

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

provided that this judgment has become final and conclusive.

1. According to the records of this court, the defendant was indicted for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, a violation of the Guarantee of Automobile Accident Compensation Act, a violation of the Road Traffic Act (non-licensed driving), and a violation of the Road Traffic Act. The court below rendered a judgment to dismiss the prosecution against the violation of the Road Traffic Act (non-licensed driving).

As to this, the defendant appealed from the judgment of the court below on the ground of unfair sentencing, and the judgment of the court prior to remand reversed the conviction part of the judgment of the court below.

Therefore, the prosecutor's appeal is defective, and the Supreme Court accepted the prosecutor's appeal on December 12, 2013, and reversed the judgment of the court before remanding.

Therefore, the rejection part of the prosecution on the violation of the Road Traffic Act, which became final and conclusive because the prosecutor did not appeal, is not included in the subject of this court's judgment, and this court's judgment is limited to the guilty part of

2. The main point of the grounds for appeal is that of the lower court’s punishment (five months’ imprisonment without prison labor) is too unreasonable.

3. In addition to the fact that the defendant had been punished several times for the same crime, and even during the suspended execution period due to the violation of the Road Traffic Act (non-licensed driving), the defendant was involved in an accident while driving a non-insurance vehicle without driver's license, and even if the defendant was investigated as the first crime committed during each of the crimes in this case, even though he was investigated as the crime committed first among the crimes in this case, and thus, his liability for such crime is not less exceptionally applied by repeatedly driving a non-insurance vehicle without driver's license.

On the other hand, the degree of damage caused by the accident in this case is minor, the defendant agreed with the victim of the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in the trial, and the defendant was subject to the aftermatho operation.