The judgment of the court below is reversed.

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

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months) of the lower court is too unreasonable.

2. Determination of the grounds for appeal by the defendant ex officio prior to the judgment on the grounds for appeal by authority, since driving of a motor vehicle under the influence of alcohol without obtaining a driver's license is a single act in light of social norms, it is reasonable to deem that the crime of violation of the Road Traffic Act (driving without a license) and the crime of violation of the Road Traffic Act (driving without a license) due to the above act constitute several crimes, and they constitute a commercial concurrent relationship under Article 40 of the Criminal Act (see, e.g., Supreme Court Decision 86Do2731, Feb. 24, 1987). However, the court below aggravated aggravated concurrent crimes with punishment for the crime of violation of the Road Traffic Act under Article 38 (1) 2 of the Criminal Act on the premise that each of the above crimes constitutes concurrent crimes under the former part of Article 37 of the Criminal Act. The judgment of the court below erred by misapprehending the legal principles on the number of crimes, which affected the conclusion

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows after oral argument.

[Discied Judgment] The facts constituting an offense and the summary of evidence recognized by the court are identical to the facts stated in the corresponding column of the judgment below. Thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2 (2) 2 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment imposed on a violation of the Road Traffic Act with heavier punishment).