The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Summary of Reasons for appeal

A. The sentence of the lower court (four months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

Judgment

It is recognized that the defendant has been punished several times due to drinking driving and driving without a license, and the defendant committed each of the crimes of this case again during the trial while driving without a license on April 18, 2017.

However, if the defendant divided his mistake, and excludes the punishment force due to driving of alcohol and driving without a license, there is no particular punishment force, and the defendant was sentenced to four months to imprisonment on August 4, 2017 by the Seoul Eastern District Court for the crime of violation of Road Traffic Act (unlicensed driving) at the Seoul East District Court on August 4, 2017, which was after each of the crimes of this case, and the above judgment became final and conclusive on August 12, 2017. In the event each of the crimes of this case was tried as the crime of this case finalized, the balance of the punishment to be sentenced and the other conditions of the punishment to be sentenced, such as the defendant's age, sexual behavior, environment, motive, means and consequence of each of the crimes of this case, and the circumstances after the crime, etc., are considered, it is unreasonable to punish the defendant.

Therefore, while the defendant's above assertion is justified, the prosecutor's above assertion is without merit.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.

[Re-written judgment] The summary of facts constituting an offense and the evidence admitted by the court is a summary of the facts constituting an offense and the evidence, and the summary of the evidence is a summary of the judgment of the court below in relation to the case 2017 order 2750 case

1. The phrase “the driver’s license ledger” is deleted, and the phrase “the driver’s license ledger of 1.1.” is added, and the phrase “the driver’s license ledger of 2017 high group 3089” is the same as the corresponding column of the lower judgment, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.