The part of the judgment of the court of first instance excluding the violation of the Road Traffic Act (unlicensed driving) on motor vehicles and bicycles.

1. The summary of the grounds for appeal [the first instance court: Imprisonment with prison labor for a maximum of six months, the short of four months (for each crime except for the crime of violating the Road Traffic Act (non-licensed driving) with respect to motor devices and bicycles], the fine of one hundred thousand won [the crime of violating the Road Traffic Act with respect to motor bicycles], and the second instance court: Imprisonment with prison labor for a maximum of six months and the short of four months] of the original judgment is too heavy;

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

The Defendant filed an appeal against the lower judgment, and this Court decided to jointly deliberate on each of the above appeals cases.

Article 38(1) of the Criminal Act is a concurrent crime under Article 37 of the Criminal Act for the remaining crimes except for the violation of the Road Traffic Act (unlicensed driving) with respect to motor device bicycles in the judgment of the court below. As such, the remaining parts of the judgment of the court below 1 excluding the part concerning the violation of the Road Traffic Act (unlicensed driving) with respect to motor device bicycles and the judgment of the court below 2 shall be reversed.

However, this part of the judgment of the court below of the first instance is not reversed ex officio on the ground that it was sentenced to a different type of punishment with respect to the crime of violating the traffic law (unlicensed driving) concerning motor devices and bicycles in the judgment of the court below.

3. Of the judgment of the court of first instance, there are favorable grounds for sentencing on the part of the crime of violation of the Road Traffic Act (unlicensed Driving) concerning motor device bicycle, including the defendant's juvenile and his parents' leading, the defendant's health is not good. However, there are reasonable grounds for sentencing, such as driving without a license, which was decided to forward to the Juvenile Department by driving without license, substantial distance of driving without license, the reason for unfavorable sentencing, such as the defendant's age, family relation, economic situation, background and motive of the crime, and other records and changes.