The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

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

1. The sentencing of the lower court (ten months of imprisonment) is too unreasonable.

2. Determination

A. The instant crime is driven by the Defendant without a driver’s license.

In light of the fact that the defendant repeated the crime even though he had had the record of punishment for drinking driving and driving without a license, the responsibility for the crime is not easy.

B. On the other hand, there are extenuating circumstances, such as the fact that the Defendant is not subject to a sentence of punishment, the confession of all crimes, the fact that the Defendant would not drive under the influence of alcohol or drive without obtaining a license while disposing of a motor vehicle, the Defendant’s vehicle is covered by the comprehensive motor vehicle insurance, and the agreement is reached with the victim at the time of the trial.

In addition, considering all of the sentencing conditions indicated in the instant case, such as the Defendant’s age, family relationship, living environment, details and result of the crime, and circumstances after the crime, the sentence of the lower court is too unreasonable.

3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the judgment of the court below is identical to each corresponding column of the judgment of the court below, and it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning facts constituting an offense, and Article 3 (1), the proviso of Article 3 (2) and Article 3 (2) 2 and 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act, Article 152 (1) and Article 43 of the Road Traffic Act, Article 152 (1) and Article 43 of the Road Traffic Act;

1. From among concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2 and (2) and Article 50 of the Criminal Act shall be the most severe penalty;