A defendant shall be punished by imprisonment for not less than eight months.

A. Defendant (the first instance judgment against the lower court)’s sentence (4 months of imprisonment) of the first instance court is too unreasonable.

B. Inspection (as to the judgment of the court below of the second instance), the sentence of the court below (as to the fine of eight million won) is too unhued and unfair.

2. We examine ex officio the determination.

The first and second judgment against the defendant was rendered, and the defendant filed an appeal against the second judgment against the judgment of the court of first instance, and this court decided to jointly examine each of the above appeal cases.

Each crime of the first and second judgment against the defendant is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, and a sentence shall be imposed in accordance with Article 38(1) of the Criminal Act.

Therefore, the judgment of the court below in 1 and 2 cannot be maintained as it is.

3. As such, the first and second judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, without examining each of the above grounds for reversal of unfair sentencing by the defendant and the prosecutor, and the judgment below is reversed, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding parts of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act; and

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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

1. The Defendant’s reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act reflects on the crime.

However, the defendant had been convicted of drinking and driving without a license on several occasions, and even during the period of suspension of drinking due to drinking driving, the judgment of the court below of the second instance.