The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to six months) of the lower court is too unreasonable.

2. The fact that the defendant had been already punished several times due to the same kind of crime, but again committed the crime of this case is disadvantageous to the defendant.

However, in full view of the following circumstances: (a) the Defendant reflects his mistake during the period of detention for about four months; (b) the driving distance is short; and (c) the time interval with the previous unlicensed driving crime; (c) the motive, background, means and method of the instant crime; (d) the circumstances before and after the instant crime; and (e) the Defendant’s age, character, behavior, career, and environment as revealed in the instant argument, the sentence of the lower court is deemed to be too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is justified.

3. As such, the defendant'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 court below is ruled as follows.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by this court are all the same as that of each corresponding column of the judgment below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act on Criminal facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, which choose the penalty;

1. The sentence shall be determined as per the Disposition, taking into account the various circumstances as seen earlier prior to the reasons for sentencing under Article 62(1) of the Criminal Act.