All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

1. Each sentence (the first instance judgment: imprisonment with prison labor for 8 months and the second instance judgment: imprisonment with prison labor for 8 months) declared by the lower court on the gist of the grounds of appeal is too unreasonable.

2. The Court ex officio rendered a consolidated examination of each appeal against the judgment below.

Each crime in the holding of the court below is a concurrent crime under the former part of Article 37 of the Criminal Act, and a sentence shall be imposed in accordance with Article 38(1) of the Criminal Act.

The judgment of the court below has reasons for ex officio destruction.

The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, without proceeding to decide on the grounds for appeal by the defendant, and the judgment is again ruled as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the entries in each corresponding column of the judgment below. Thus, all of the judgment below 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 sound driving), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime;

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is that the defendant would not commit the crime of this case in depth and repeat the crime of this case.

However, the Defendant had a record of criminal punishment several times due to drinking, driving without license, fabrication of private documents, and uttering of the same, and again committed the instant crime.

The defendant was under the control of drinking and driving without a license on two occasions on April 2013, and the prosecution was instituted and the trial was conducted. On August 2013, 2013, the defendant again caused a traffic accident by drinking or driving without a license, and he was born in the investigation agency.