We reverse the judgment of the court below.

A defendant shall be punished by imprisonment for six months.

1. Summary of grounds for appeal;

A. The punishment of Defendant 1’s original decision (6 months of imprisonment) is too unreasonable.

(b) The form of the 2nd judgment decision of the Prosecutor (7 million won in penalty) is too unhued and unreasonable.

2. We examine ex officio the grounds for appeal by the defendant and the prosecutor prior to the judgment

Each appeal case against the judgment of the court below No. 1 and No. 2 was consolidated in the first instance trial, and each of the offenses of the judgment of the court below No. 1 and No. 2 against the defendant is concurrent offenses under the former part of Article 37 of the Criminal Act, and thus, one sentence should be imposed in accordance with Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained as it is.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without having to make a judgment on the unfair argument of sentencing by the defendant and the prosecutor, as the grounds for reversal ex officio exist, and it is again decided as follows.

Criminal facts

The summary of the facts constituting a crime and evidence acknowledged by this court is as follows. The summary of the facts constituting a crime of the judgment of the court of first instance, except for the deletion of “persons with at least two times of driving alcohol by being sentenced to a fine of seven million won or more due to a crime of violating road traffic law (driving),” which was committed on May 18, 201 through Article 369 of the Criminal Procedure Act, is the same as the corresponding column of the judgment of the court below, and thus, all these facts 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 (the point of drinking), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license), Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Compensation for Damages of Motor Vehicles (the point of operating motor vehicles which are not mandatory insurance) concerning the facts constituting an offense;

1. The punishment provided for in Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes shall be imposed on each of the crimes of violation of the Road Traffic Act and each of the crimes of violation of the Road Traffic Act on the same date, and the punishment shall be imposed on each of the crimes of violation of the Road Traffic Act with heavier penalty;