The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

1. The decision of the court below on the gist of the grounds of appeal (for four months of imprisonment and two years of suspended execution) is too unfunied and unfair.

2. We examine ex officio prior to the judgment on the grounds for appeal by the ex officio judgment.

The court below decided to punish the defendant with imprisonment for a crime of violation of the Road Traffic Act [the punishment provided for a crime of violation of the Road Traffic Act (driving without a license) and a crime of violation of the Road Traffic Act (driving without a license)] and the punishment for violation of the Road Traffic Act (the punishment provided for a crime of violation of the Road Traffic Act (driving without a license) shall be sentenced to a suspended sentence for a period of four months.

However, even if imprisonment with prison labor among the statutory penalty under Articles 148-2(1)1 and 44(1) of the Road Traffic Act, which applies to the crime of violating the Road Traffic Act, is imprisonment with prison labor for not less than one year but not more than three years (it is not possible to find any ground for reduction other than the reduction of the amount on record) and the scope of the applicable sentences is not less than 6 months but not more than one year and not more than 6 months, and the court below ultimately, it is erroneous in the judgment of the defendant, which affected the conclusion of the judgment, and thus, it cannot be maintained.

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment of the court below is reversed, and it is again decided as follows after pleading.

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 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of penalty;