The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The Defendant, even though he was sentenced to a fine four times due to a crime of unlicensed driving, and a punishment for one suspended sentence, once again, driven without the instant license twice.

In particular, at the time of committing the instant crime, the Defendant was under trial on the violation of the Road Traffic Act (unlicensed Driving) in the judgment.

On the other hand, the defendant shows his attitude to recognize and reflect his crime, and there is no penalty power exceeding the suspended execution.

As the defendant supports a minor child neglected, it is anticipated that a long-term detention of the defendant for the defendant will bring an excessive pain to the above family members. On the other hand, in light of the defendant's military records and family relations, recidivism of the defendant can be sufficiently prevented due to the defendant's prison life for more than two months.

Since the crime of this case and the crime of violation of the Road Traffic Act (unlicensed Driving) in the decision of two-year suspended sentence in June, the crime of this case and the crime of violation of the Road Traffic Act in the latter part of Article 37 of the Criminal Act are concurrent crimes, the

In full view of the Defendant’s age, character and conduct, environment, motive, means, consequence, and all of the sentencing conditions stated in the instant pleadings, including the above circumstances, it is unreasonable to maintain the original judgment sentenced to the Defendant’s punishment as it is.

Therefore, the defendant's assertion of unfair sentencing is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

[Discied reasoning of the judgment below] Criminal facts and the summary of the evidence recognized by the court below and the summary of the evidence are the same as the stated in each corresponding column of the judgment below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Criminal facts;