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 that the court below rendered on each of the defendant (the first instance judgment: imprisonment with prison labor for 6 months and the second instance judgment: imprisonment with prison labor for 4 months) is too unreasonable.

2. Prior to the judgment on the grounds for ex officio appeal, the defendant filed an appeal against the judgment of the court below Nos. 1 and 2. This court tried at a concurrent hearing of the above two appeals. Each of the crimes against the defendant in the first and second cases is a concurrent crime under the former part of Article 37 of the Criminal Act, and thus a single sentence should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained.

3. As such, 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 for sentencing, and the judgment below is reversed in entirety, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2 subparag. 1, Article 44 subparag. 1, Article 154 subparag. 2, and Article 43 of the Road Traffic Act concerning facts constituting an offense; Article 46 subparag. 2, the main sentence of Article 8 of the Guarantee of Automobile Compensation for Damages; Articles 342 and 329 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (it shall be between a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving);

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. The reason for sentencing under Articles 53 and 55(1)3 of the Act on Reduction of Small Quantity is that the Defendant was sentenced to three times a fine due to driving without a license, drinking, driving without a license, etc., even though he/she had the record of being sentenced to three times a fine.