The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for not more than four months and a fine not exceeding three hundred thousand won.

The above fine shall be imposed on the defendant.

1. In light of the summary of the grounds for appeal (unfair sentencing) of the Defendant’s penal history, etc., the sentence imposed by the lower court (five million won in penalty amount) is too uneased and unreasonable.

2. The judgment of the defendant is against each of the crimes of this case, but there are many previous drivers of the same kind without the license. Among them, the defendant was sentenced to 2 years of suspended execution and 20,000 won of a fine on April 13, 2017 due to the traffic law (licenseless driving) in the Suwon-do Development Support, etc. on April 13, 2017, and the judgment became final and conclusive on February 21 of the same month, the defendant committed the act of driving without the license of this case during the suspended execution period without being aware of it, and the defendant was committed the act of driving without the license of this case during the suspended execution period. In addition, the above unauthorized driving of the driver's license of this case was committed on the roads of Gangnam-do, which is an exclusive road road for which the passage of motor bicycles is prohibited, in order to escape his punishment, and it was very good that the crime was committed, and thus, the defendant should be strictly responsible for it, and the defendant's age, character, motive, means and circumstances, etc.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is so decided as follows through a new theory of change.

【Judgment to be used again] The summary of facts constituting an offense and evidence recognized by the court is identical to the entries in each corresponding column of the judgment below, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 154 Subparag. 2 of the Road Traffic Act, Article 154 Subparag. 2 of the same Act, Article 43 of the Road Traffic Act (the point of a license for a bicycle without motor device or a fine) concerning criminal facts, and Article 154 Subparag. 6 of the Road Traffic Act;