The judgment of the court below is reversed.

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

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

1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable for the lower court’s punishment (one year of imprisonment, three years of probation, observation of protection, community service 200 hours, 40 hours of compliance driving lectures).

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

A. In the latter part of Article 37 of the Criminal Act, the Defendant for concurrent crimes was sentenced to a suspended sentence of two years for injury on February 3, 2017 by the District Court of the Republic of Korea on August 24, 2017, and the judgment became final and conclusive on October 24, 2017. As such, each of the crimes in the judgment below and the above crimes, which became final and conclusive on October 24, 2017, shall be sentenced to a punishment for each of the crimes in the judgment below, taking into account the balance between the two crimes and the latter part of Article 37 of the Criminal Act and the case where the judgment is to be rendered simultaneously pursuant to the main sentence of Article 39

B. (1) With respect to the crime of violating the Road Traffic Act (drinking driving), the Defendant was issued a summary order of KRW 1 million on November 11, 2009 by the Seoul Northern District Court on the following grounds: (a) on September 28, 2006, the Defendant was issued a fine of KRW 1 million for the same crime at the District Court of Seoul Northern District on the same day.

On October 9, 2016, around 03:15, 2016, the Defendant driven a CSpo-type car under the influence of alcohol concentration of 0.134% without obtaining a driver's license from around 3km to the front road of Seongbuk-gu Seoul, Gangnam-gu, Seoul.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

(2) According to Article 148-2(1)1 of the Road Traffic Act, a person who violates Article 44(1) of the Road Traffic Act (hereinafter “Regulation on Prohibition of Drinking) at least twice and is subject to punishment for a person who again violates the prohibition of drinking under the same Act. However, according to the principle of statutoryism, a penal law is imposed.