The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the period of two years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (an amount of KRW 3 million) is too uneasy and unreasonable.

2. It is recognized that the Defendant recognized the mistake of the instant crime and reflects the depth thereof, and that the Defendant did not repeat the instant crime while scrapping the vehicle.

However, the defendant committed the crime of this case even though he had been punished several times due to driving without a license or driving under drinking, including a suspended sentence, during the period of the suspended sentence.

The crime of this case is deemed to have driven a vehicle which was not covered by mandatory insurance without a driver's license, and the distance of the vehicle driving is 10 km so that the crime of this case is not good.

In full view of the criminal records of the above defendant, the contents of the crime in this case, and all the sentencing conditions shown in the records and arguments, such as the age, sex, environment, etc., the sentence sentenced by the court below is too uneasible and unfair.

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

Criminal facts

The summary of facts and evidence recognized by the court is the same as the corresponding column of the judgment below, and thus, the summary of the facts and evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 152 Subparag. 1, and Article 43 of the Road Traffic Act (non-licensed driving) regarding criminal facts; Article 46 Subparag. 2, and Article 8 of the former Guarantee of Automobile Compensation (amended by Act No. 12987, Jan. 6, 2015); and each choice of imprisonment with labor, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration in favor of the above);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend Courses;