The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Of the facts charged in the instant case.

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds of appeal by the defendant ex officio, we examine ex officio the part concerning the crime of violating the Road Traffic Act (unlicensed driving).

A. On November 20, 2015, the Defendant, without obtaining a driver’s license on a motor vehicle on a around 21:50, run a cub motor vehicle in C, and proceeded with the two km section from the front of the Dong cancer station in Incheon Bupyeong-gu to the front road of the Incheon Bupyeong-gu Incheon Bupyeong-gu 111, from the 18th common road.

B. The lower court found the Defendant guilty of this part of the facts charged on the basis of the evidence at the time of the printing.

(c)

Article 80 (2) of the Road Traffic Act shall classify and manage the scope of driver's licenses as follows based on the types of vehicles that can be driven by the Commissioner General of the Korean National Police Agency:

In such cases, the types of vehicles that can be driven according to the scope of driver's license shall be prescribed by Ordinance of the Ministry of Government Administration

"The types of driver's licenses are classified into Class I driver's licenses (large, ordinary licenses, small licenses, special licenses), Class II driver's licenses (general licenses, small license, motor bicycle licenses), practice driver's licenses (Class I ordinary practice licenses, Class II ordinary practice licenses), and according to delegation, Article 53 of the Enforcement Rule of the Road Traffic Act [Attachment 18] classifys the types of motor vehicles that can be driven by each driver's license.

In addition, Article 43 of the Road Traffic Act provides that no person shall drive a motor vehicle when the driver's license is not obtained from the Commissioner General of the Local Police Agency or the driver's license is suspended pursuant to Article 80.

Article 152 subparagraph 1 of the Road Traffic Act provides that "A person who drives a motor vehicle without obtaining a driver's license pursuant to Article 80 in violation of Article 43" shall be a non-license.