The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment shall be imposed for a period of two years from the date this judgment became final.

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., six months of imprisonment) is undue.

2. The Defendant, even though not having acquired a driver’s license, was repeatedly driving without a license, was subject to a fine of five times, and was subject to a fine of five times on June 23, 2016, the Defendant was sentenced to a community service order of six months, a suspended sentence of two years, and eight hours.

However, the defendant led to the confession of the crime, not causing an accident due to his own act of driving without a license, there is no other criminal record except for driving without a license, and the criminal defendant was subject to amnesty and special rehabilitation, and the criminal defendant was unable to obtain a driver's license due to his gate. According to the result of the judgment prior to the trial conducted by the probation officer at the trial, according to the result of the judgment prior to the trial conducted by the probation officer at the trial, the criminal defendant was unable to graduate from an elementary school, intelligence is low, it seems difficult to apply for a general driver's license test, or it seems possible to apply for a driver's license test for gate, and the criminal defendant also expressed his / her intention to obtain a driver's license by taking into account the defendant's age, character, health, environment, family relationship, circumstances after the crime, etc., the punishment of the court below is somewhat excessive.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following judgment shall be rendered again.

[Judgment used again] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are as stated in each corresponding column of the judgment below. Thus, it is citing it as it is 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;