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 (unfair sentencing) of the lower court’s sentence (eight months of imprisonment) is too unreasonable.

2. An ex officio determination of the court below is a crime falling under Article 148-2 (1) 2 and Article 44(2) of the Road Traffic Act, which constitutes a violation of the Road Traffic Act as stated in the judgment of the court below, and the statutory penalty is an imprisonment of not less than one year but not more than three years, or a fine of not less than 5 million won and not more than 10 million won. The violation of the Road Traffic Act (unlicensed Driving) is a crime falling under Article 152 subparagraph 1 and Article 43 of the Road Traffic Act, and the statutory penalty is imprisonment of not more than one year or a fine of not more than three million won.

As for each of the above crimes against the defendant, the punishment for concurrent crimes and the punishment for concurrent crimes under the former part of Article 37 of the Criminal Act should be aggravated, so in order to sentence the defendant to a less than one year of imprisonment, the amount of punishment for less than one year should have been mitigated in accordance with Article 53 and Article 55(1)3 of the Criminal Act.

In this regard, the lower court sentenced the Defendant to eight months of imprisonment with prison labor and omitted the reduction of the amount of reduction in the application of statutes.

The judgment of the court below shall not be maintained any more because it violated the statutory minimum statutory penalty.

3. The judgment of the court below is reversed ex officio pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment of the court below is reversed, and it is again decided as follows through pleading.

Criminal facts

Criminal facts and the summary of evidence recognized by this court are as stated in the corresponding columns of the original judgment.

In accordance with Article 369 of the Criminal Procedure Act, they are quoted as it is.

Application of Statutes

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (a point of refusing to drive without a license) concerning facts constituting an offense, and the choice of imprisonment, respectively;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 2 of the same Act concerning the aggravation of concurrent crimes;

1. Articles 53 and 55(1)3 of the Criminal Act (Articles 53 and 55(1)3 (the following favorable circumstances):