The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

1. The sentence imposed by the lower court (six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. Although the Defendant had been subject to four times punishment due to driving without a license, etc. (three times a punishment, three times a suspended sentence, one time a suspended sentence), the Defendant repeatedly committed the same kind of crime; however, the Defendant recognized and reflects the instant crime; the Defendant scrapped the vehicle that was driven at the time of the instant case, and did not repeat the said vehicle again.

C. The Defendant’s health is not good due to his old age of 74 years, and the Defendant’s children want to take the lead of the Defendant, and the Defendant’s children want to drive the Defendant simply without a license, and the Defendant’s time to reflect as much as half of the sentence of the lower court’s punishment was met. As such, it is reasonable to take account of the following: (a) the suspension of the execution of imprisonment at this point; (b) the addition of an order to observe protection and attend lectures to prevent recidivism can be effective in preventing recidivism.

In full view of such circumstances and other circumstances as the defendant's age, environment, sexual conduct, circumstances before and after the crime, and the conditions of sentencing as shown in the records and arguments of this case, it is judged that the sentence imposed by the court below is too unreasonable.

3. Since the defendant's appeal is with merit, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration in favor of the above);

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;