A defendant shall be punished by imprisonment for not more than ten months.

A. The sentence of the lower court (ten months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Before making a judgment on the grounds for ex officio appeal, the judgment below omitted the aggravated punishment for concurrent crimes in the application of the relevant statutes despite the concurrent crimes under the former part of Article 37 of the Criminal Act, which were committed on September 21, 2016 against the violation of the Traffic Act by a person who was on September 21, 2016 and the violation of the Traffic Act by a person who was in violation of the Act on October 4, 2016.

As a result, the judgment of the court below was no longer maintained since the scope of the punishment differs and affected the judgment.

3. Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the above grounds for reversal ex officio. The judgment below is reversed and it is again decided as follows.

【Grounds for another judgment】 The facts constituting the offense against the defendant recognized by the court and the summary of the evidence are identical to the facts stated in the corresponding column of the judgment below. Thus, they shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol) concerning facts constituting an offense, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of driving without a license);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (only between the crimes of violating the Traffic Act of the person who committed September 21, 2016 and the crimes of violating the Traffic Act of the same day on the same day);

1. Selection of each sentence of imprisonment;

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

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for the mitigation of a small amount of alcohol has a record of being punished for driving under drinking on several occasions, and in particular, the defendant has been under the influence of drinking and driving without a license during the suspension period of the execution due to driving under drinking, and drinking and drinking.