The judgment of the court below is reversed.

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

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

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable as the sentence imposed by the defendant (eight months of imprisonment) is too unreasonable.

2. The fact that there are many records of punishment for driving without a license, and that the person was absent on the trial date of the original decision, and that the person was locked is disadvantageous.

It is advantageous to the fact that the defendant agreed smoothly with the victim in the trial of the party, that the victim's injury is minor, that the defendant has the time to repent and reflect his mistake while detained for a certain period of time, and that there is no past record of the crime exceeding the fine.

Considering the above circumstances and various sentencing conditions shown in the instant records and arguments, the lower court’s sentence is too unreasonable.

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 again ruled after pleading as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3 (1) and the proviso to Article 3 (2) 1 and 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 151 of the Road Traffic Act (the point of damage of property by business and room), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act, Articles 152 subparagraph 1 and 43 of the Road Traffic Act (the point of non-licensed driving) concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (only between a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and a violation of the Road Traffic Act due to the destruction of property);

1. Selection of imprisonment without prison labor, violation of the Guarantee of Automobile Compensation, and violation of the Road Traffic Act concerning the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Sentence;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.