The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. The main point of the grounds for appeal is that the court below's punishment (one year of imprisonment, confiscation) is too unreasonable;

2. The decision of the court below No. 1-A

Since the crime of violation of the Road Traffic Act (driving without a license) and the crime of violation of the Road Traffic Act (driving without a license) and the crime of violation of the Road Traffic Act (driving without a license) as stated in the judgment of the court below are in a mutually competitive relationship, the punishment of violation of the Road Traffic Act with a heavier punishment shall be imposed, but the above violation of the Road Traffic Act

(b).

Since each crime of violation of the Road Traffic Act in each paragraph is concurrent crimes, a sentence of punishment shall be determined within the scope of the term of punishment for concurrent crimes under Article 38 (1) of the Criminal Act.

However, the court below erred by omitting the weight of concurrent crimes after selecting imprisonment with prison labor for each crime of violation of the Road Traffic Act (driving a sound driving) which found guilty and affecting the conclusion of the judgment.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the allegation of unfair sentencing, on the ground of ex officio reversal, and it is again decided as follows.

Criminal facts

The summary of facts and evidence recognized by the court is the same as that of each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) (a point of sound driving), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Among concurrent offenders, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is that the defendant does not repeat the crime after recognizing all of the crimes, the defendant must support his mother, and the fact that the defendant's will want the defendant's wife is more favorable.

On the other hand, the defendant has already been punished by the same crime, including one suspended sentence.