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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
However, for a period of two years from the date this judgment becomes final and conclusive.
Reasons
1. The decision of the court below on the summary of the grounds for appeal (4 months of imprisonment) is too unreasonable.
2. The judgment of the defendant is recognized to have a record of being punished once by fine for the violation of the Road Traffic Act due to the violation of the Road Traffic Act due to the driving without a license, twice a fine due to the violation of the Road Traffic Act due to the driving without a license, and once a fine due to the violation of the Act on the Grounds of Non-Exclusive Traffic, but it is recognized that the defendant led to the confession of the facts of the crime, reflects his mistake through confinement life for about two months, there is no criminal record heavier than the fine, equity with other cases similar to this case, the defendant is also required to take into account the facts that he did not cause a traffic accident, and it is controlled by inquiry while driving without a license, and taking into account all the kinds of conditions of sentencing as shown in the records and arguments of the case, such as the defendant's age, character and behavior, circumstances leading to the crime of this case, circumstances after
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as the entries in each corresponding column 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;
1. Article 62 (1) of the Criminal Act;
1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;