All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. The summary of the grounds for appeal appealed from the second instance court’s punishment (a prison term of eight months) to be too unreasonable. The prosecutor appealed from the first instance court’s punishment (a punishment of three million won) so far as it is too unfluent and unfair.

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

With respect to the judgment of the second instance, the Defendant filed an appeal against the judgment of the first instance, and this Court tried at the joint hearing of the two appeals. Since each of the offenses committed by the judgment of the second instance is in the concurrent relationship under the former part of Article 37 of the Criminal Act, one punishment shall be imposed in accordance with Article 38(1)2 of the Criminal Act, and the judgment of the court below cannot be maintained as it is.

3. The lower court’s conclusion is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining each of the above ex officio grounds for reversal of sentencing by the Defendant and the Prosecutor, and the lower judgment is reversed, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in 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. Subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the same Act (non-licensed driving) concerning the facts constituting an offense, and Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of drinking) of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (only between the crimes of violation of the Road Traffic Act due to driving without a license from May 27, 2017 and the crimes of violation of the Road Traffic Act)

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. For each of the crimes of this case on the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount of punishment, each of the crimes of this case was committed after the defendant was punished by a fine at the first instance court on the ground that he was sentenced to driving without a license during the period of suspension of execution due to drinking.