The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, for three years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (4 million won of a fine) is too unhued and unfair.

2. The circumstances favorable to the defendant should be considered in light of the following: (a) a single studio, a confession of and reflect on the facts of the crime; (b) a criminal defendant does not cause any other damage, such as a traffic accident; and (c) a person who has no criminal record exceeding a suspended sentence; and (d) a person who disposes

On the other hand, the defendant was convicted of a total of four times of a licenseless driving during the period from 2000 to 2005 (the defendant was sentenced to a suspended sentence of four months of imprisonment due to a driving without a license for drinking alcohol in 2002, which was sentenced to a suspended sentence of two years of imprisonment in 2003, which was sentenced to a suspended sentence of eight months of a suspended sentence due to a driving without a license for drinking alcohol in 2003), and in particular, the defendant committed the crime without a license on April 16, 2016 during the suspended sentence of eight years, which was sentenced to a suspended sentence of eight years of a suspended sentence due to a drunk driving in 2014, and furthermore, the defendant committed the crime without a license on June 8, 201 with the same vehicle during the same suspended sentence of the same crime before the suspended sentence of the same crime was imposed (However, the previous suspended sentence was imposed). It is sufficient to punish the defendant with severe punishment.

In addition, comprehensively taking account of the following circumstances, such as the Defendant’s age, environment, character and conduct, motive of the crime, and circumstances before and after the crime, etc., the sentence of the lower court is too uneasible and unfair.

3. If so, the prosecutor's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act and the Road Traffic Act concerning the crime;