All judgment of the court below shall be reversed.

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

The summary of the grounds for appeal (e.g., punishment in the first instance: imprisonment with prison labor for 6 months and 6 months in the second instance: imprisonment with prison labor for 6 months) that the court below made is too unreasonable.

We examine ex officio the defendant's grounds for appeal prior to judgment.

This court decided to concurrently examine the appeal cases of the first instance judgment of the second instance judgment against the defendant, and on the other hand, each of the offenses committed in the judgment of the court below which found the defendant guilty is a concurrent offense under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of the term of punishment increased by concurrent offenses in accordance with Article 38(1) of the Criminal Act, so in this regard, the first and second lower judgment shall be reversed.

Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that there is a ground for reversal of authority above, and it is again decided as follows.

[C] The summary of the facts of the crime of this case and the defendant's summary of the evidence of the crime of this case are the same as that of each corresponding column of the judgment of the court below, and they are cited as it is in accordance with Article 369

Application of Statutes

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act; and

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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

1. The crime of this case on the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is deemed to have driven a motor vehicle without a driver’s license, and even though the defendant was indicted for the said case and is pending in the first instance trial, the motor vehicle is driven under the influence of alcohol with a blood alcohol concentration of 0.142% without a driver’s license.