The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The sentence imposed by the lower court (eight months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. Determination is that the Defendant was punished on several occasions by driving without a license, and that the Defendant was sentenced to a two-year suspended sentence on August 31, 2016, which was sentenced to a two-year suspended sentence due to a violation of the Road Traffic Act (unlicensed Driving), etc. in 2016, which was subject to the suspended sentence, and was under the control on driving without a license on October 29, 2016, which was subject to the suspended sentence, is disadvantageous to the Defendant.

On the other hand, in consideration of the circumstances favorable to the defendant, such as the dismissal of driving vehicles after each of the crimes in this case, and the fact that there are family members to support, etc., the punishment cases in similar cases, including the defendant's age, sexual conduct, environment, motive for the crime, and circumstances after the crime, the court below's punishment is somewhat unreasonable.

Therefore, the defendant's above assertion is justified.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

【Re-written part of the judgment below] Criminal facts and summary of evidence recognized by this court are all identical to facts constituting a crime and summary of evidence, and thus, they are quoted as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, and the choice of imprisonment with prison labor, for the crime;

1. Taking into account all the factors of sentencing as examined in the determination of the grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, the punishment as ordered shall be determined by taking into account the factors of sentencing as set forth in the judgment under Article 50 of the Act.