The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for three months.

1. The sentence (3 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. It is recognized that the judgment defendant led to the confession of the crime and repented his mistake.

However, in consideration of all the sentencing conditions on the instant argument, such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the instant crime, etc., the punishment imposed by the lower court is too uneasible and unfair, in light of the following: (a) the Defendant has been sentenced to a fine on several occasions due to drinking driving and driving without a license and driving without a license; (b) the Defendant committed the instant crime without being aware of the suspension period due to drinking driving and driving without a license; and (c) the distance of driving without license is not less than 1km.

3. Accordingly, 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 the facts charged and the summary of the evidence admitted by the court are the same as the corresponding columns of the judgment of the court below, and thus, the summary of the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 152 of the Act applicable to the facts constituting an offense and Articles 152 subparagraph 1 and 43 of the Road Traffic Act that choose a penalty;