The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.

2. In cases of a crime of violation of the Road Traffic Act due to an ex officio driving without a license, it is reasonable to deem that one driving act exists for each driving day as of the day of driving on the basis of social norms except in special cases, such as the case where a driver has been continuously driving in the same opportunity beginning on a certain day and ending on the next day. Therefore, every driving day shall be deemed to be constituted one crime of violation of the

(See Supreme Court Decision 2001Do6281 Decided July 23, 2002). According to the evidence duly admitted and examined by the court below, the following facts are comprehensively established: (a) the crime of the court below’s crime of violation of the Road Traffic Act due to the driving without a license as provided in Articles 1 and 2 of the Criminal Act, all of the crimes committed on June 29, 2019; and (b) the crime of violation of the Road Traffic Act due to the driving without a license as provided in paragraph (2) of the Criminal Act and the crime of violation of the same Act

However, the court below held that each of them is a separate crime and held that there exists a relationship between the crime of violation of the Road Traffic Act due to a drunk driving and the crime of violation of the Road Traffic Act due to a drunk driving, and that the punishment among them is more severe, and the crime of violation of the Road Traffic Act due to a drunk driving and a crime of violation of the Road Traffic Act due to a unauthorized driving as stated in paragraph (1) of the crime was aggravated, and that such violation has influenced the judgment, so the judgment of the court below cannot be maintained further in this regard.

On June 29, 2019, the Defendant, without obtaining a driver’s license, drives D Poter Cargo Vehicles with approximately 500 meters section from D (hereinafter “instant vehicle”) to the dry field owned by the Defendant located in C in front of the Defendant’s house located in Sejong on June 29, 2019, while under the influence of alcohol around 14:00 on the same day.