The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

The summary of the grounds for appeal (ten months of imprisonment) of the lower court is too unreasonable.

Before determining the grounds for appeal by the defendant, it is examined ex officio.

The court below applied Article 148-2(1)1 and Article 44(1) of the Road Traffic Act to the defendant's crime of violation of the Road Traffic Act and the crime of violation of the Road Traffic Act (non-licenseed driving), and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act. The above crimes were punished for crimes of violation of the Road Traffic Act which are heavier punishment, and sentenced the defendant to imprisonment with prison labor for ten months.

However, the lower limit of imprisonment for the crime of violation of the Road Traffic Act (drinking driving) is one year, and the lower court, even though it was required to reduce the amount of imprisonment in order to sentence the Defendant, who did not have any legal reason for mitigation, sentenced the Defendant to a punishment that deviates from the scope of the applicable sentences without omitting it, so the lower court’s judgment was no longer maintained in this respect.

Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and the judgment of the court below is reversed in accordance with the reasoning of the judgment below as follows, since there is a ground for reversal ex officio.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as stated in the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 of the Criminal Act for mitigation of amount;