The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Seized evidence No. 1 shall be confiscated.

1. Summary of grounds for appeal;

A. The sentence of the court below against the defendant (the imprisonment of eight months, the confiscation) is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. We examine the reasons for appeal by the defendant and the prosecutor ex officio prior to the judgment.

Article 258-2(1) and Article 257(1) of the Criminal Act is applicable to the crime of special injury as stated in the judgment of the court below. Since such statutory penalty is imprisonment with prison labor for not less than one year but not more than ten years, the court below erred by exceeding eight months, without statutory mitigation or reduction of amount, by failing to sentence eight months.

In this respect, the judgment of the court below is no longer maintained.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and it is again decided as follows, without examining the above ex officio reversal grounds.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to each corresponding column of the judgment below, and thus, it is 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 drinking alcohol), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license) and Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (it shall be between a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving);

1. Selection of a sentence of imprisonment with prison labor (or a crime of violating the Traffic Act concerning drinking);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances against the defendant);

1. The reason for sentencing of Article 48(1) of the Criminal Act is examined.