A defendant shall be punished by imprisonment for not less than one year and six months.

The sentence of the lower court (one year and six months of imprisonment, and a fine of three hundred thousand won) is too unreasonable.

2. Before determining the Defendant’s assertion of unreasonable sentencing, this paper examined ex officio.

A. Of the facts of the crime in the judgment below, the part that "the defendant was issued a summary order of 2.5 million won by a fine for the violation of the Road Traffic Act (driving) on September 30, 2013, and on October 18, 2019, under the influence of alcohol at least 0.160% without a driver's license on October 22:17, 2019, that "the driver was driving under the influence of 0.160% of alcohol, and violated the prohibition of drinking under the influence of alcohol on at least two occasions" is in a mutually competitive relationship.

Each of the above crimes shall be subject to punishment provided for the crime of violation of the Road Traffic Act, which is the most severe crime pursuant to Articles 40 and 50 of the Criminal Act.

B. However, the lower court, by deeming each of the above crimes as concurrent crimes, erred by imprisonment with prison labor aggravated for concurrent crimes such as the violation of the Road Traffic Act (driving of Drinking) and by concurrently imposing a fine for the violation of the Road Traffic Act (driving without obtaining a license).

3. The judgment of the court below is reversed without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed, and it is again decided as follows.

【Grounds for the Judgment of the Supreme Court which has been written] The summary of facts constituting a crime and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below, and thus, they are quoted as it is in accordance with Article 369

Application of Statutes

1. Article 3(1), proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2(1), and Article 44(1) of the Road Traffic Act (the point of sound driving), Article 154 Subparag. 2 and Article 43 of the former Road Traffic Act (amended by Act No. 16830, Dec. 24, 2019), Article 151 of the Road Traffic Act concerning criminal facts.