The judgment of the court below is reversed.

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

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of eight months) is too unreasonable.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant for an ex officio judgment.

The court below applied Articles 148-2(1)1 and 44(1) of the Road Traffic Act to the defendant's crime of violating the Road Traffic Act (drinking driving), which is the defendant's crime of this case. The court below selected a statutory penalty for the above crime, and sentenced the defendant to eight months of imprisonment.

However, the lower limit of imprisonment for the crime of violation of the Road Traffic Act (drinking driving) is one year, and in order to sentence the Defendant such a sentence, the lower court, despite the fact that the Defendant was required to reduce or reduce the amount of punishment on the ground of the latter part of Article 39(1) of the Criminal Act, rendered a sentence exceeding the applicable sentencing range without omitting it, so the lower court’s judgment was no longer maintained in this respect.

3. If so, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without having to determine whether the defendant's unfair assertion of sentencing is justifiable, since there is a ground for reversal ex officio, and the judgment below is reversed, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence acknowledged by this court is as follows, except for the correction of " February 11, 2016" as " February 5, 2016" in the 3th sentence of the judgment of the court below, since it is the same as the description in each corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2 subparag. 1, Article 44 subparag. 1, Article 152 subparag. 1, and Article 43 of the Road Traffic Act concerning criminal facts, Article 230 of the Criminal Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act concerning the relevant criminal facts;

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (LA) and Article 50 (LA) of the Road Traffic Act and crimes of violation of Road Traffic Act (LA) and punishment shall be imposed.