The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. In light of the circumstances and contents of the crime, although the defendant, who was under suspension of execution due to the violation of the Road Traffic Act due to the act of violating the Road Traffic Act due to driving without a license, such as the instant case, is likely to commit the crime without a license, the nature of the crime is considerably weak in light of the circumstances and contents of the crime. However, the court below's punishment is too unreasonable, considering the following factors: (a) the defendant committed all the crime of this case and committed the crime of this case, and there is no record of conviction; (b) the defendant was sentenced to the punishment; (c) the victim was not punished by agreement with the victim of the injury and confinement; and (d) the person wanting the defendant to take the action against the defendant; and (e) the defendant’s age, character, environment, motive, means and result of the crime; and (e) all the sentencing conditions specified in the records and arguments of this case, including the circumstances after the crime, etc., are equally considered.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

【Discied Judgment】 The facts constituting a crime and the summary of the evidence recognized by the court, and the summary of the evidence, are cited as it is in accordance with Article 369 of the Criminal Procedure Act, except for the addition of the Defendant’s oral statement at the court of first instance as stated in the judgment of the court below, since it is the same as the corresponding column of the judgment of the court below.

Application of Statutes

1. Relevant Article of the Criminal Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 257 (1) of the Criminal Act, Article 276 (1) of the Criminal Act and Article 276 (1) of the Criminal Act, the choice of imprisonment with prison labor for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Social service order under the Criminal Act;