We reverse the judgment of the court below.

A defendant shall be punished by imprisonment for seven months.

1. Summary of grounds for appeal;

A. Each sentence of the judgment of the court below (No. 1: imprisonment with prison labor for 6 months and 2 months: imprisonment with prison labor for 4 months) is too unreasonable.

(b) The form of the first original ruling of the Prosecutor is too unhued and unreasonable;

2. We examine ex officio the grounds for appeal by the defendant and the prosecutor prior to the judgment

The judgment of the court of first instance and the judgment of the court of second instance against the defendant were rendered, and the prosecutor filed an appeal against the judgment of the court of first instance against the judgment of the court of first instance, and this court decided to hold concurrent hearings against the above two appeals cases. The crimes of the first and second judgment against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one punishment should be imposed in accordance with Article 38(1) of the Criminal Act. Thus, the judgment of the court of second instance cannot be maintained as they are.

3. If so, the judgment of the court below is reversed ex officio, and the judgment below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without a need to make a judgment as to the unfair argument of sentencing by the defendant and the prosecutor, and it is again decided as follows.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the facts stated in each corresponding column of the judgment below. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license) and Article 347 (1) of the Criminal Act concerning the facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Reduction of a small amount;