We reverse the judgment of the court below.

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

1. Summary of grounds for appeal;

A. The sentence imposed by Defendant 2 on the Defendant (six months of imprisonment) is too unreasonable.

B. The sentence sentenced by the first instance court to the Defendant (3 million won in penalty) is too unfluent and unreasonable.

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

The Court held that each appeal case against the judgment of the court below was consolidated and tried, and each offense against the defendant at the time of the judgment of the court below is a concurrent offense under the former part of Article 37 of the Criminal Act, and thus, should be punished as a single sentence within the scope of aggravated punishment in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained any more.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the judgment of the court below as to the unfair argument of sentencing by the defendant and the prosecutor, and it is again decided as follows after the pleading.

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

Application of Statutes

1. Subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the same Act (non-licensed driving) concerning facts constituting an offense, and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (a repeated driving of drinking);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (it shall be between the crimes of violation of the Road Traffic Act due to driving without a driver's license on September 18, 2016 and the crimes of violation of the Road Traffic Act).

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 2 of the same Act concerning the aggravation of concurrent crimes;

1. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for mitigation of a small amount of punishment has already been punished by drinking, driving without a license, and in particular, six months of imprisonment due to driving of alcohol.