The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The summary of the grounds for appeal (unfair sentencing) is too uneasy and unreasonable. The sentence of the lower court (the imprisonment of eight months, the suspension of the execution of two years, community service, 40 hours, and the lecture attendance order for compliance driving 40 hours) is too uneased.

2. Prior to the judgment on the argument of unfair sentencing by the prosecutor of the ex officio judgment, the records show that the defendant was sentenced to a two-year suspended sentence on July 29, 2016 to a two-year suspended sentence for a crime of violating the Road Traffic Act (unlicensed driving) at the Jung-gu District Court on July 29, 2016, and the above judgment became final and conclusive on August 6, 2016. Since each crime in the judgment of the court below is in a concurrent relationship between the above violation of the Road Traffic Act (unlicensed driving) for which the judgment has already become final and conclusive and the crime of violation of the Road Traffic Act (unlicensed driving) and the latter after Article 37 of the Criminal Act, each crime in the judgment of the court below is determined at the same time in accordance with Article 39(1) of the Criminal Act, and therefore

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's improper argument of sentencing, and the judgment below is reversed and the judgment below is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court in question was sentenced to a two-year suspended sentence for six months of imprisonment for a violation of Road Traffic Act (unlicensed driving) at the Jung-gu District Court on July 29, 2016. The above judgment became final and conclusive on August 6, 2016.

With the exception of adding “other than the foregoing,” it is identical to each corresponding part of the judgment of the court below, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148-2 (1) 2 and 44-2 (2) of the Road Traffic Act (the point of refusing to measure drinking), Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of drinking), and the choice of imprisonment, respectively, with prison labor;

1. The latter part of Article 37 of the Criminal Code for the Treatment of Concurrent Crimes: