A defendant shall be punished by imprisonment for one year.

However, the period of two years from the date this judgment becomes final and conclusive.

A. The Defendant’s each sentence (the first sentence: two years of suspended sentence and 40 hours of suspended sentence in the month of imprisonment for eight months, 160 hours of community service order, 2 years of suspended sentence and 80 hours of community service order in the month of imprisonment for two years of suspended sentence and 30 hours of community service order) imposed on the Defendant by the lower court is too unreasonable.

B. The above punishment of the court below's order against the defendant is too unhutiled and unfair.

2. We examine ex officio the grounds for appeal by the defendant and prosecutor prior to the judgment.

The Court held that each appeal case against the judgment of the court below was consolidated and tried, and each offense against the defendant at the time of the judgment of the court below is a concurrent offense under the former part of Article 37 of the Criminal Act, and thus, should be punished as a single sentence within the scope of aggravated punishment in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained any more.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the above ex officio reversal grounds, and the judgment below is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to each corresponding column of the judgment below, and thus, it is acceptable to accept it as it is 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 (it shall be between a violation of the Road Traffic Act (unlicensed Driving) by a person on May 20, 2017 and a violation of the Road Traffic Act);

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Order to attend a lecture and order to attend a lecture;