The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal explicitly withdrawn the allegation of mental disorder on the fourth trial date.

A. Although the Defendant misunderstanding the fact was driving without a license, the Defendant was merely driving from the Defendant’s home to the D’s wife, and did not have a direction on the Greencheon Station.

B. The lower court’s sentence (6 months of imprisonment) against an unjust defendant is too unreasonable.

2. Prior to the judgment on the grounds for an ex officio appeal, the prosecutor applied for amendments to the indictment with the content that “in a section of about 500 meters from the front street in Dobong-gu Seoul Metropolitan Government to the front street in the same Gu,” “ from approximately 200 meters from the front street in the same Gu, to the front street in the same Gu,” and the judgment of the court below is no longer maintained as the case was changed by this court’s permission.

On the other hand, the defendant's assertion of mistake of facts is about the existing facts charged, and the legitimacy thereof is not determined separately.

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument on the sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.

[Judgment used again] On September 19, 2017, around 05:5:56, the Defendant of the charge room driven the E-7 car without a driver’s license from around approximately 200 meters section from the Seoul Dobong-gu Seoul Metropolitan Government I Apartment to D located in the same Gu C.

Summary of Evidence

1. Statement by the defendant in this court (as at the fourth public trial date);

1. Report on the circumstances of driving without licenses, and application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 152 of the Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, and selection of fines concerning facts constituting an offense;