All judgment of the court below shall be reversed.

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

1. The summary of the grounds for appeal (unfair sentencing): The sentence of the lower court (the first instance court: imprisonment with prison labor for six months and the second instance court: one year) is too unreasonable.

2. Prior to the judgment on the grounds of ex officio appeal, the judgment of the first and second judgment against the defendant was rendered, and the defendant filed an appeal against them, and this court decided to hold a joint hearing of the above two appeals cases. Each of the above judgments of the court below against the defendant should be sentenced to one punishment pursuant to Article 38(1) of the Criminal Act, since each of the offenses against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, each of the above judgment of the court below cannot be maintained.

3. If so, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair assertion of sentencing, and the judgment below is reversed in entirety, and the following is again decided after pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are identical to each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2 (2) 2, Article 44 (1) of the relevant Act on the Traffic of Roads (the point of drinking alcohol), Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol) concerning the facts constituting an offense, and Articles 152 subparagraph 1 and 43 of the relevant Act (the point of driving without a license);

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a punishment provided for in the crimes of violating the Road Traffic Act and between the crimes of violating the Road Traffic Act and the crimes of violating the Road Traffic Act (unlicensed Driving), and each of the crimes of violating the Road Traffic Act);

1. Selection of each sentence of imprisonment;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the same Act [the punishment heavier than that on February 4, 2018, shall be aggravated (the maximum term of the above two crimes).