Eizeur Kouki garnered national attention after reversing into the Archibald Fountain in Sydney's Hyde Park in the early hours of June 3.
The 21-year-old French national was delivering food for Uber Eats when he took a wrong turn and ended up in the park, Sydney's Downing Centre Local Court was told on Wednesday.
Moving at less than 20km/h, he backed into the fountain and became stuck on the edge of the monument.
Kouki, who had only been in Australia for two weeks at the time, was arrested and his passport was confiscated under strict bail conditions.
He faced court on Wednesday to be sentenced for negligent driving, not reversing properly, and driving without an Australian licence.
But it was the charge of negligent driving occasioning death that concerned Judge Michael Allan most.
"There's absolutely zero evidence of any person being injured in any way," he said.
"I am very concerned ... a sergeant has authorised a charge that had no evidentiary basis at all."
Bail conditions imposed as a result of the more serious charge left Kouki in the precarious position of living in a foreign country without any identity documents.
"He's been effectively rendered homeless and impecunious, living in a mosque," Judge Allan said.
He added there was no evidence before the court to support the police that the crash had caused up to $20,000 worth of damage to the fountain.
Once police withdrew the incorrect charge, the court was told Kouki was facing fine-only offences which would not have attracted bail restrictions.
The Frenchman pleaded guilty and submitted to the court a letter of apology to the community.
Judge Allan took that into consideration, finding the young man was genuinely remorseful.
The Uber Eats driver was convicted for the remaining offences and fined $1100.
He was also disqualified from driving for six months and will be required to obtain an Australian licence to drive after that time.
But that won't be an issue for the Frenchman, who told reporters outside court that he was "done with Australia".
"I am very, very sorry ... because this monument is French and I am French," he said.
When asked how he feels about police after the incorrectly laid charge, Kouki said police are "good in Australia".
But he denied a police officer's claim that he had eaten the McDonald's meal he was meant to be delivering on that morning.
"Is liar ... I don't eat McDonald's," he said.
"It's not halal."
Moments later, Kouki was seen hanging out of the sunroof of a car as it drove past the courthouse, shouting joyfully: "Thank you, Australia."
In a statement, NSW Police attributed the negligent driving occasioning death charge to an administrative error and said his bail conditions did not hinge on that charge alone.
"Police were told at the time of the alleged offence the man had adequate housing; however, his place of residence had no impact on the bail determination," a spokesperson said.
