The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Summary of Grounds for Appeal

The punishment of the court below (one year of imprisonment) is too unreasonable.

We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

Among the facts charged in this case, Articles 148-2(1) and 44(1) of the Road Traffic Act apply mutatis mutandis to the violation of the Road Traffic Act. The statutory penalty is imprisonment with prison labor for not less than two years but not more than five years, or a fine not less than 10 million and not more than 20 million won. The applicable provisions to the violation of the Road Traffic Act (unlicensed Driving) are Articles 152 subparag. 1 and 43 of the Road Traffic Act. The statutory penalty is imprisonment with prison labor for not more than one year or a fine not exceeding three million won.

Since the crime of violation of the Road Traffic Act (driving without a license) and the crime of violation of the Road Traffic Act (driving without a license) is an ordinary concurrent crime under Article 40 of the Criminal Act, punishment shall be imposed on the crime of violation of the Road Traffic Act (driving without a license) with heavier punishment. Thus, where the court below intends to select a sentence and sentence the defendant for less than two years, it shall reduce the amount of punishment in accordance with Articles 53 and 55 (1) 3 of the Criminal Act.

However, the lower court, while sentencing one year to the Defendant, erred by omitting discretionary mitigation in the application of statutes, thereby violating the lower limit of statutory punishment. In this regard, the lower judgment was no longer maintained.

Therefore, the judgment of the court below is reversed under Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to each corresponding column of the judgment below, and thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning facts constituting a crime (the point of driving under the influence of sound);