All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for six months and a fine of five million won.

The defendant above.

1. The punishment sentenced to the first and second depths of the grounds for appeal (the first instance judgment: the fine of KRW 5 million, the second instance judgment: the imprisonment of KRW 6 months) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the first and second judgments of the court below against the defendant were rendered, and the defendant filed an appeal against them, and this court decided to hold concurrent hearings of the above two appeals cases. The first and second judgments against the defendant are related to concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, the punishment should be imposed in accordance with Article 38(1) of the Criminal Act. Thus, the first and second judgments of the court below cannot be maintained.

3. In conclusion, the judgment of the court below is reversed in entirety the judgment below 1 and 2 pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and it is so decided as follows.

Criminal facts

The summary of the facts charged and the evidence against the defendant recognized by this court is identical to each corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (referring to driving under influence of alcohol) concerning the facts constituting an offense under the relevant provisions of the Act, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (referring to driving without a license);

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment imposed on a person who violates the Traffic Act of October 2, 2015 and a person who violates the Traffic Act of the same person and traffic Act of the same person, and a punishment imposed on a person who violates the Road Traffic Act of the same person shall be imposed more severe punishment);

1. Punishment of a fine for a crime committed on June 7, 2015, which violates the traffic laws on the roads of a person, and imprisonment with prison labor for a crime committed on October 2, 2015, which violates the traffic laws on the roads of a person on October 2, 2015, shall be chosen;

1. Article 35 of the Criminal Act for aggravated repeated crimes (as to the crime of violating the Traffic Act on October 2, 2015).