The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

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

1. The sentence imposed by the court below on the summary of the grounds for appeal (two years of suspended execution in four months of imprisonment and forty hours of lecture attendance order for compliance driving) is too uneased and unreasonable.

2. In the case of this case, the prosecutor of the judgment ex officio added to the two parts of the charges of this case that "the defendant was sentenced to one year of suspension of execution on October 11, 2016 to a crime of violating the Road Traffic Act (licenseless Driving) at the Suwon Friwon, and the judgment became final and conclusive on October 19, 2016," and the court approved this court by applying Article 37 of the Criminal Act "after Article 39 Paragraph 1 of the Criminal Act". The crime of this case and the above violation of the Road Traffic Act (unlicensed Driving) for which the judgment of the court below became final and conclusive shall be sentenced to a punishment on the crime of this case in consideration of equity with the case where the judgment is to be rendered simultaneously in accordance with Article 39 Paragraph 1 of the Criminal Act. Thus, the judgment of the court below shall no longer be maintained.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed, and it is again decided as follows.

[Reasons for the new judgment] The summary of the facts constituting the crime and the evidence admitted by the court below and the summary of the evidence are as follows: "The defendant was sentenced to a suspension of execution for four months from October 11, 2016 to a violation of road traffic law (licenseless driving) at the Suwon Friwon Friwon Friwon, and the judgment became final and conclusive on October 19, 2016," and the summary of the evidence is as stated in each corresponding column of the judgment of the court below, except for adding "the sentence of 201.1.6 Suriwon Friwon Friwon 4329" to the summary of the evidence. Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 152 subparagraph 1 of the Road Traffic Act concerning the crime and Article 152 of the same Act concerning selective punishment;