All judgment of the court below shall be reversed.

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

1. The summary of the grounds for appeal and each punishment sentenced by the first and second instances (the first instance judgment: the imprisonment of April and the second instance judgment: the imprisonment of one year and two months: the suspended execution of one year and two months; and the order to attend a compliance driving lecture of 40 hours) are deemed to be too unfied and unfair;

2. Prior to the judgment on the grounds for an ex officio appeal, the first and second court rendered ex officio a separate examination of the grounds for appeal as follows: (a) the court of the original instance rendered a judgment on the defendant as to the crimes of violation of the Road Traffic Act (non-license) as stated in the first instance judgment; and (b) the second court rendered a judgment on the defendant as to the crimes of violation of the Road Traffic Act (non-license) as stated in the second instance judgment; and (c) the second court sentenced the defendant as to the crimes of violation of the Road Traffic Act (non-license) and the violation of the Road Traffic Act (non-license) as stated in the second instance judgment by imprisonment for 1 year and 2 months.

Since then, the prosecutor filed an appeal against each of the above judgments, and the court of the court of the first instance decided to consolidate the above cases of 2014No1714, the appeal case of the court of the second instance. Since each of the crimes of the defendant 1 and the second instance court is concurrent crimes under the former part of Article 37 of the Criminal Act, it should be sentenced to a single sentence within the scope of punishment increased by concurrent crimes pursuant to Article 38 (1) of the Criminal Act, the judgment of the court below cannot be maintained any more in this respect.

3. As such, the judgment below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the following is ruled after pleading, since the court below's ex officio ground for reversal as seen earlier exists.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as stated in the corresponding column of the judgment of the court of first and second instance. Therefore, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 148-2 (2) 1, and Article 44 (1) of the Road Traffic Act (the point of driving under the influence of alcohol on January 14, 201) concerning criminal facts, and Article 148-2 (1) of the Road Traffic Act.