The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (three million won of a fine) is too unhued and unfair.

2. The judgment that the defendant was committed while committing a crime is favorable to the defendant.

However, the fact that the defendant has four times of driving without a license and has many same and different criminal records, has committed a repeated crime during the period of repeated crime, has been controlled by drinking driving around February 2018, and has reached three months after the license was revoked, and that there was an accident that shocks two vehicles during driving without a license is disadvantageous to the defendant.

In full view of the aforementioned circumstances and the motive, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s sentencing is deemed to be too uneasible and unreasonable.

3. If so, the prosecutor's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered after pleading.

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment below. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act on Criminal Facts, Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

1. Determination of the sentence as ordered by taking account of the various circumstances prior to the sentencing of Article 35 of the Criminal Act among repeated offenders.