The judgment of the court below is reversed.

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

1. The sentence imposed by the court below (six months of imprisonment) on the defendant is too unreasonable.

2. The operation of the judged vehicle essentially entails danger to the life and body of himself/herself and others.

Therefore, the driver's license system was established in order to limit the risk to allow the driver's license due to the operation of vehicles essential for daily life.

The Defendant has been driving without a license for more than 20 years, even though it was not confirmed that the Defendant was equipped with the ability to drive due to the lack of the capacity to drive a driver's license.

Examining the criminal history of the defendant, the defendant can find out the fact that he/she has repeated driving without a license even after he/she was exposed to driving without a license.

The Defendant was punished eight times by a fine due to driving without a license and by a suspended sentence of imprisonment.

On the other hand, in the crime of this case, the distance of the defendant's driving is short of five meters and the actual risk of driving of this case has occurred.

It does not seem that it does not appear.

In full view of the above circumstances and other conditions of sentencing, including the Defendant’s age, sex, environment, family relationship, motive and background of the offense, means and consequence, circumstances after the offense, balance of general punishments in the same and similar cases, the sentence imposed by the lower court against the Defendant is somewhat unreasonable.

Therefore, the defendant's argument is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.

【Grounds for another judgment】 The facts constituting an offense and summary of evidence recognized by the court and the summary of the evidence are identical to the facts stated in each corresponding column of the judgment below, thereby citing them in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;