The judgment of the court of first instance and the judgment of the court of second instance are all reversed.

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

1. Summary of grounds for appeal;

A. As to the judgment of the court below 1, the Defendant with mental and physical weakness was under the influence of alcohol at the time of committing the instant crime.

2) The punishment sentenced by the lower court (six months of imprisonment) is too unreasonable.

B. The punishment sentenced by the court below (six months of imprisonment) against the judgment of the court below of second instance is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant's ex officio, the judgment of the court below against the defendant was rendered separately, and the defendant filed an appeal against the judgment of the court of first instance and the judgment of the court of second instance. The court decided to hold a joint hearing of each of the above appeals cases.

Thus, each crime of the judgment of the court below is a concurrent crime under the former part of Article 37 of the Criminal Act, and a sentence should be imposed pursuant to Article 38 (1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained as it is.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and the judgment of the court below and the judgment of the court of first instance are all reversed in accordance with Article 364 (2) of the Criminal Procedure Act, since there is a ground for reversal ex officio as above.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are identical to each of the corresponding columns of each judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2 subparag. 2 of the Road Traffic Act and Article 44 subparag. 1 of the same Act concerning criminal facts (the point of self-driving on May 29, 2017), Articles 148-2 subparag. 1 and 44(1) of the Road Traffic Act (the point of self-driving on June 12, 2017), Articles 152 subparag. 1 and 43 of the Road Traffic Act (the point of non-licensed driving) concerning the relevant criminal facts;

1. The crimes of Articles 40 and 50 of the Criminal Code, which are the commercial concurrence of crimes, are crimes of violation of the Traffic Act by the person who committed on May 29, 2017.