The judgment of the court below is reversed.

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

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of the facts or misunderstanding of the legal principles (the preliminary and preliminary points of the murder and the fire prevention of the suspender structure) are merely displaying his own decentralization or dusting the victim’s gasoline with the victim’s intent to frighten, and there was no purpose to kill or fire the victim.

2) The sentence of the lower court (a fine of 8 months, a fine of 300,000 won, confiscation) that was unfair in sentencing is too unreasonable.

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

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

(a) One driving act which is assessed as one of the natural conditions of things, regardless of the legal assessment that a person drives Oral one while under the influence of alcohol is a non-license;

As such, driving without a license and drinking under Article 40 of the Criminal Act are in an ordinary competition relationship (see Supreme Court Decision 86Do2731, Feb. 24, 1987). Since 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) in the judgment of the court below are in an ordinary competition relationship, the above two crimes should be punished for the crimes of violation of the Road Traffic Act (driving without a license) with heavy punishment.

Nevertheless, the court below erred by selecting a fine for a crime of violation of the Road Traffic Act and a crime of violation of the Road Traffic Act (unlicensed driving) and punishing the defendant concurrently with imprisonment.

B. In addition, in the event the punishments specified for each crime are of the same kind, other than death penalty or imprisonment with or without prison labor for life, the maximum term or maximum amount of the punishments specified for the most severe crime shall be aggravated by up to one half thereof; however, the maximum term or maximum amount of the punishments specified for each crime shall not exceed the total of the maximum term or maximum amount of the punishments specified for the most severe crime, and there is no express statement as to the short term, but the minimum term of the punishments specified for the crime which is not the most severe crime shall be the highest.