The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

except that the ruling shall be made for one year from the date of the final judgment.

1. The sentence imposed by the lower court (four months of imprisonment) shall be excessively unreasonable.

2. The judgment of the defendant is disadvantageous to the defendant that he/she repeats the same kind of crime even though he/she had the previous criminal records of punishment due to drinking driving and driving without a license.

However, in full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive, means and consequence, the punishment imposed by the court below is somewhat unreasonable, since it appears that the defendant would have been detained on October 2014, the defendant would not drive without permission again, and the defendant would not drive without permission, and if detention is long-term, it would have been considered that the income would have been difficult to make his/her livelihood because it would be long-term, and other factors of sentencing stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive, means and consequence, before and after the crime, the defendant's argument is reasonable.

3. Accordingly, according to the conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is again decided after pleading.

【Reasons for the Judgment of the Supreme Court which has been written] The criminal facts against the defendant recognized by the court and the summary of the evidence are the same as the entries of 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 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. Order to attend lectures under Article 62-2 of the Criminal Act;