The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. The court below's ex officio determination shall apply Article 152 subparagraph 1 and Article 43 of the Road Traffic Act to the driver's license for bicycle riding among the facts charged in the judgment below, but it cannot be maintained since Article 154 subparagraph 2 and Article 43 of the Road Traffic Act shall apply to the criminal facts of the driver's license for bicycle riding.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.

[Re-written judgment] The criminal facts against the defendant recognized by this court and the summary of the evidence are the same as the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small quantity (the case where a violation vehicle is a bicycle for a motor device) shall be taken into account by taking into account the following factors of sentencing, including the age, sex, environment, etc. of the defendant: Circumstances unfavorable to confession and reflectivity: It is so decided as per Disposition on the grounds that the defendant has committed the crime of this case even if he/she committed the crime in the course of suspension of execution due to the same criminal record: