The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. On June 7, 2012, the defendant was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act (accident-free measures) or a violation of the Road Traffic Act (non-licensed driving) at the Seoul Northern District Court on the grounds of the judgment on the defendant's assertion of unfair sentencing. Despite the grace period, the defendant committed the same kind of crime, such as the defendant's age, character, health, home environment, blood-free driving, and driving again while driving without a license even before and after the suspension period. The defendant had a record of having been sentenced to a fine several times for non-licensed driving or drunk driving. Meanwhile, the defendant recognized each crime, against the mistake, and the suspended suspended sentence becomes final and conclusive. The defendant should deposit a certain amount of money for the victim of traffic accident at the time of the trial, and the defendant tried to have the victim's punishment by agreement with the victim, and considering all the circumstances such as the defendant's age, character, and behavior, family environment, the degree of imprisonment, alcohol level before and after the trial of this case.

2. The judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is also ruled as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3 (1), the proviso to Article 3 (2) 1, 7, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 3, and Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning criminal facts;

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

1. Selection of penalty: