The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. The main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment and fine of three hundred thousand won) is too unreasonable.

2. In the case of operating a motorcycle at an ex officio determination, without obtaining a driver's license for a motorcycle or a motorcycle, which is not covered by mandatory insurance in a situation where normal driving is difficult due to influence of alcohol, the crime of violation of the Road Traffic Act and the crime of violation of the Road Traffic Act (driving without a license) are in an ordinary concurrent relationship, and the crime of violation of the Road Traffic Act and the Guarantee of Automobile Accident Compensation Act are in a substantive concurrent relationship. The court below decided to punish the crime of violation of the Road Traffic Act (driving without a license) and the crime of violation of the Road Traffic Act (driving without a license) with a heavier punishment pursuant to Articles 40 and 50 of the Criminal Act, and decided to punish the crime of violation of the Road Traffic Act (driving without a license) and the crime of violation of the Guarantee of Automobile Accident Compensation Act (driving without a license), and therefore

Nevertheless, the court below erred in the misapprehension of law as to the defendant's imprisonment with prison labor as well as a fine separately imposed on the defendant, which affected the conclusion of the judgment.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed and it is again decided as follows, without examining the defendant's assertion of unfair sentencing, on the grounds of ex officio reversal.

Criminal facts

The summary of the facts charged and evidence against the defendant recognized by the court is identical to each corresponding column of the original judgment, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to criminal facts, Article 154 subparagraph 2 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 46 of the Guarantee of Automobile Accident Compensation Act.