The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

The gist of the grounds for appeal by the defendant is that the sentence (six months of imprisonment) of the court below, which sentenced the defendant, is too unreasonable in light of the fact that the defendant's mistake is against the defendant, and that he must support his mother and mother.

Before determining this, the violation of the Road Traffic Act by a person who drives a motor vehicle without a driver's license and the violation of the Automobile Accident Compensation Guarantee Act by a motor vehicle owner who operates a motor vehicle not covered by mandatory insurance are different from the protected legal interests and the contents of the elements of the crime, such as the subject of the act, and thus, it cannot be deemed as one of the acts under the law.

Nevertheless, the lower court deemed that there exists a mutually competitive relationship and applied Article 40 of the Criminal Act, thereby changing the scope of punishment. In so determining, the lower court erred by misapprehending the legal doctrine on the number of crimes, thereby adversely affecting the conclusion of the judgment.

Therefore, pursuant to Article 364(2) and (6) of the Criminal Procedure Act, the judgment of the court below is reversed ex officio, and it is again decided as follows.

[C] The Criminal facts and the summary of evidence against the defendant recognized by this court are identical to the records in each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning facts constituting an offense, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose a penalty, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (the operation of automobiles which are not mandatory insurance) (the choice of each imprisonment with prison labor);

1. Article 35 of the Criminal Act among repeated crimes;

1. From among concurrent crimes, the punishment for the reason for sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act, and the defendant has already been imposed on several occasions, such as the violation of the Road Traffic Act and the violation of the Road Traffic Act.