The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. The judgment of the court below against the defendant in light of the gist of the grounds for appeal is unreasonable because the punishment of the court below (two months of imprisonment, two years of suspended execution, forty hours of order to attend school, and eight hours of order to provide community service) is too unhued.

2. We examine ex officio prior to the judgment on the grounds for appeal by the prosecutor ex officio, and the crime of violation of the Guarantee of Automobile Accident Compensation Act and the crime of violation of the Road Traffic Act (non-license) are separate crimes with different legislative intent, legal interest and protection of law and application areas, and both crimes are established. The court below erred in treating the violation of the Road Traffic Act (non-license) and the crime of violation of the Guarantee of Automobile Accident Compensation Act as commercial concurrent crimes. The judgment of the court below has affected the judgment. Thus, the judgment of the court below cannot be maintained any more.

3. Accordingly, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, and it is again decided as follows through oral argument.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of each 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 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 46 (2) 2 and Article 8 of the Guarantee of Automobile Accident Compensation Act, and Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, the choice of imprisonment for each sentence;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Matters concerning orders to attend lectures and orders to provide community service, Article 62-2 (1) of the Criminal Act, probation, etc.;