All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

1. The decision of the court below (No. 1: imprisonment with prison labor for 8 months and 2 months: imprisonment with prison labor for 6 months) is too unreasonable.

2. We examine the defendant's grounds for appeal ex officio 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 sentenced to each of the above two appeals cases, and the court of second instance decided to jointly examine the above two appeals cases. Since the crimes of the court of first and second instance against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be imposed in accordance with Article 38(1) of the Criminal Act, the first and second judgment against the defendant cannot be maintained as they are.

3. Accordingly, 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 the above reasons for reversal of authority exist, and it is again decided as follows.

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are identical to each corresponding part of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

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 an offense, Article 152 subparagraph 1, and Article 43 of the Road Traffic Act, Article 152 subparagraph 1, and Article 43 of the Road Traffic Act, Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, and Articles 148 and 54 (1) of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the instant crime on the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is being driven by the Defendant under the influence of alcohol 0.120% without a driver’s license on March 23, 2013.