All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for six months.

Summary of Grounds for Appeal

The first instance court's imprisonment (six months of imprisonment) against the defendant (as to the first instance court's judgment) is too unreasonable.

The prosecutor (as to the second judgment of the court below), the second judgment of the court below against the defendant (as to the second judgment of the court below) is too unfilled and unfair.

Before the judgment on the grounds for appeal by the defendant ex officio and the prosecutor, prior to the judgment on the grounds for appeal by the defendant, the defendant filed each appeal against the judgment of the first instance court, and all of them were tried by the prosecutor in the trial. The first and second crimes against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, and one punishment may be imposed within the scope of the term of punishment increased by concurrent crimes under Article 38(1) of the Criminal Act. Thus, it is unreasonable to maintain the judgment of the court below against the defendant in this respect.

Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant and the prosecutor's allegation of unfair sentencing, and it is again decided as follows through pleading.

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of each judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act on Criminal facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, which choose the penalty;

1. Of concurrent offenders, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act were several times, and the Defendant had been convicted of drinking or driving without a license, and in particular, on March 30, 2012, on one-year imprisonment with prison labor for a violation of the Road Traffic Act (unlicensed Driving) at the Ansan Branch of the Suwon District Court, the Defendant was sentenced to a two-year suspended sentence on April 7, 2012, and the said judgment became final and conclusive on April 7, 2012.