The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. The gist of the reasons for appeal is that the original court’s punishment (the maximum of six months of imprisonment and the short of four months of imprisonment) is too unreasonable;

2. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the Defendant was a juvenile at the time of the judgment of the court below by Jin, but it is apparent that he was the adult in the trial even though he was a juvenile at the time of the judgment of the court below, so the judgment of the court below which sentenced the Defendant to the non-guilty sentence under the Juvenile Act cannot be

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) and (6) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that the above ground for ex officio reversal exists, and the judgment below is again ruled as follows.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Operation of non- mandatory insurance vehicles: Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act and the main sentence of Article 8 of the Act on Guarantee of Automobile Accident Compensation;

(b) Unlicensed driving: Subparagraph 1 of Article 152 of the Road Traffic Act.

1. Among concurrent crimes, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act are against the defendant, and in the future, there is a history of criminal protective disposition and criminal punishment for multiple juveniles due to the crime related to the Oralone or a motor vehicle in the past. In particular, on July 22, 2013, the defendant was sentenced by the Busan District Court for two years of suspended execution for one year of imprisonment due to a special obstruction of performance of official duties and a crime of violation of the Road Traffic Act (unlicensed Driving) at the Busan District Court on July 30, 2013.