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 main point of the grounds for appeal is that the lower court’s punishment (for four months of imprisonment, two years of suspended sentence, two years of probation, observation of protection, and 40 hours of order to attend a lecture) is too uneased and unreasonable.

2. Before determining the grounds for appeal by the prosecutor’s ex officio, the prosecutor examined the facts charged in the instant case as of March 18, 2016, and the prosecutor applied for an amendment of the indictment to the effect that “the Defendant driven B car without obtaining the driver’s license from the KBS intersection in the Yong-gun, the Yong-gun, the Yong-gun, the Yong-gun, the Yong-gun, on March 18, 2016, to the extent that “the Defendant driven B car without obtaining the driver’s license,” and the judgment below was no longer maintained since the subject of the judgment was changed by the court’s permission.

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 below is reversed, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court is as shown in each corresponding column of the judgment below, except for the case where the "the defendant's partial statement" of the second page of the judgment below as "the defendant's legal statement" was pronounced as "the defendant's legal statement" of the second page of the judgment of the court below, and therefore, it is 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 suspended execution;

1. The reason for sentencing of Article 62-2 of the Criminal Act on the observation of protection and order to attend lectures is that the Defendant’s mistake in the instant crime was reflected in the confession of the instant crime is favorable.

On the other hand, the defendant was sentenced to a fine of KRW 3 million on January 27, 2016 due to the violation of the Road Traffic Act (unlicensed Driving) in the Gwangju District Court's net support.