The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for four months.

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

1. The summary of the grounds for appeal: The punishment that the court below rendered unfair sentencing (3 million won in penalty) is too uneasy and unreasonable.

2. The judgment of the Defendant had the record of being punished once due to three times of driving without a license, six times of driving without a license, driving without a license, or driving under drinking, and the record of 14 times of crime committed by the Defendant, including other crimes. In particular, on August 16, 2017, the Defendant was notified of a summary order of a fine of KRW 5 million in the Daejeon District Court Branch of the Daejeon District Court on August 23, 2017 upon the cancellation of the driver’s license on August 23, 2017, but was sentenced to a fine on October 17, 2017 but was sentenced to a fine on December 40 days after the two-month period, and the Defendant was sentenced to a fine on October 17, 2017. In light of the Defendant’s past record of crime, the Defendant, who was presumed to have committed a crime of this case, has a high risk of repeating a compliance consciousness and punishment.

In full view of the following facts: (a) the Defendant’s age, sex, environment, motive and means of and consequences of the instant crime; and (b) the circumstances before and after the instant crime were committed; and (c) all the sentencing conditions indicated in the records and arguments, such as the Defendant’s age, sex, environment, motive and means of the instant crime; and (d) the circumstances before and after the instant crime were committed, even if considering the favorable circumstances that the Defendant reflects the instant crime, the sentence imposed by the lower court seems to be too unreasonable.

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 after pleading.

Criminal facts

The reasoning for this part of the court's reasoning is the same as that for each corresponding part of the court below's judgment. Thus, it is acceptable to accept this as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Selection of punishment for a crime under subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the same Act, or selection of imprisonment with prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Criminal Act to observe protection and attend lectures;