The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the period of three years from the date this judgment became final and conclusive.

1. The decision of the court below (one year and six months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. The court below's ex officio determination is clear that the "(s) of the second-party 3 behavior of the second-party 2 of the judgment of the court below for the crime of violating the Traffic Act of this case(s) is a simple clerical error in the "(s)" in light of the criminal facts stated in paragraph 1 of the judgment of the court below, and thus, it does not reverse the judgment of the court below for this reason.

And the crime of violation of the Road Traffic Act (unlicensed driving) is in a mutually competitive relationship under Article 40 of the Criminal Act.

In light of the above, the punishment imposed on the basis of the punishment prescribed for the crime of violating the Road Traffic Act (refluence of alcohol measurement) with heavy punishment. However, since each of the above crimes is a separate crime whose constituent elements differ, and the form of mutual act or protection of legal interests are different, and it cannot be seen as identical even in the basic facts, it is reasonable to view that the crime is a substantive concurrent relationship under the former part of Article 37 of the Criminal Act, not a commercial concurrent relationship. Therefore, the judgment of the court below is no longer maintained in that the punishment should be imposed within the scope of punishment aggravated for concurrent crimes pursuant to Article 38(1) of the Criminal Act.

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

【Grounds for a new judgment】 Criminal facts and summary of evidence recognized by the court are identical to each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions and Articles 148-2(1) and 44(2) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), Article 152 subparag. 1 and 43 of the Road Traffic Act (unlicensed driving) concerning criminal facts.