All judgment of the court below shall be reversed.

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

1. Each punishment (six months of imprisonment with prison labor of the judgment of the court of first instance, and two months of imprisonment with prison labor of the judgment of the court of second instance) which the judgment of the court of first instance pronounced in the summary of the grounds for appeal is

2. Examining ex officio prior to the judgment on the grounds for appeal by the defendant, the defendant filed an appeal against the judgment of the court below. This court held that the above two appeals cases were consolidated and tried. Each crime of the first and second appeals decisions by the court below is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one punishment should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained as it is.

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 argument of sentencing, since there is a ground for reversal under the above authority, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are as follows: the summary of the 2nd judgment

1. The report of detection of the violation of the Traffic Act (unlicensed driving) on the 1. The arrest report of the case on the 1. Case No. B is the same as the corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure drinking), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, and the choice of imprisonment, respectively, concerning the crime;

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following sentencing grounds) is not only that the Defendant was punished several times by drinking alcohol driving, etc., but also that on April 9, 2015, the Changwon District Court sentenced the Defendant to a suspended sentence for six months of imprisonment with prison labor for a violation of road traffic laws (driving alcohol driving), etc.