The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The gist of the grounds for appeal is that the lower court’s punishment (three million won of a fine) is too unhued and unreasonable.

2. On March 21, 2013, the Defendant was sentenced to criminal punishment on several occasions due to driving without a license, and on March 21, 2013, on March 29, 2013, 4 months of imprisonment, 2 years of suspended execution, 2 years of probation, and 40 hours of probation and compliance driving instruction, which became final and conclusive on March 29, 2013. In full view of the fact that he/she again driven without a license during the suspended execution period, the sentence of the lower

3. In conclusion, 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 as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court are as shown in each corresponding column of the judgment below, except for the addition of “1. Defendant’s trial testimony” to “the summary of evidence” as stated in each corresponding column of the judgment below. Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act on Criminal facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, which choose the penalty;

1. Article 62 (1) of the Criminal Act ( considered circumstances favorable to the defendant);

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order has a history of criminal punishment several times due to driving without a license. On March 21, 2013, the elements of unfavorable sentencing, such as imprisonment with prison labor for four months, suspended execution for two years, probation, and compliance driving for 40 hours due to driving without a license on March 21, 2013, which became final and conclusive on March 29, 2013, and the defendant recognized and reflected the crime at the trial during the suspended execution period, and other favorable sentencing factors such as the fact that the driving distance is not long, and other conditions of sentencing specified in the records and arguments of this case, such as the defendant’s age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime.