A defendant shall be punished by imprisonment for one year.

A. Each sentence sentenced to the first and second judgment of Defendant 1 (the first instance judgment: imprisonment with prison labor for 4 months and the second instance: imprisonment with prison labor for 8 months) is too unreasonable.

(b)each sentence sentenced to the first and second depths of the Prosecutor is too unhued and unjust;

2. The defendant and the prosecutor filed an appeal against the judgment below in entirety, and the court decided to hold a joint hearing of the above appeal cases.

Each crime of the judgment of the court below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act or an ordinary concurrent crime under Article 40 of the Criminal Act and a sentence shall be imposed.

Therefore, the judgment of the court below can no longer be maintained.

3. In conclusion, the judgment of the court below Nos. 1 and 2 is reversed, and the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and the new pleading is delivered, on the grounds that there is a ground for reversal ex officio as above.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the facts stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Operation of an automobile with no mandatory insurance under Articles 152 subparag. 1 and 43 of the Road Traffic Act concerning the facts constituting the crime: The point of operation of an automobile with no mandatory insurance under Articles 152 subparag. 1 and 43 of the same Act: Article 46(2)2 of the Guarantee of Automobile Damage Compensation Act, and the point of operation of drinking under the main sentence of Article 8: Articles 148-2(1)1 and 44(1) of the Road Traffic Act;

1. The punishment provided for in Articles 40 and 50 of the Criminal Act for the crime of violation of the Road Traffic Act (driving without a license) as stated in the holding and the crime of violation of the Road Traffic Act (driving without a license) as of September 25, 2017; and the punishment provided for the crime of violation of the Road Traffic Act (driving without a license) as of September 25, 2017;

1. Selection of each sentence of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 (No. 50) of the Criminal Code of the Aggravated Punishment of Concurrent Crimes shall be deemed more severe.