We reverse the judgment of the court below.

A defendant shall be punished by imprisonment for a term of one year and two months.

1. Summary of the grounds for appeal: The punishment of the lower court (the first instance judgment: imprisonment with prison labor for 6 months and the second instance judgment: imprisonment with prison labor for 1 year) is too unreasonable.

2. Prior to the judgment on the argument of unfair sentencing by the Defendant on the grounds of ex officio determination, the Defendant filed an appeal against the lower judgment, and the instant court decided to conduct a consolidated trial on each appeal case. Since each of the offenses of the lower judgment is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, the lower court should be sentenced to a single sentence within the scope of the term of punishment, which increased concurrent crimes pursuant to Article 38(1) of the Criminal Act, and thus, the lower court

3. According to the conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

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

Application of Statutes

1. Relevant provisions of the Act on the Punishment, etc. of Specific Crimes and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of drinking), Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, subparagraphs 1 and 43 of Article 152 of the Road Traffic Act (the point of driving without a license), the choice of imprisonment for each sentence;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment imposed on a violation of the Road Traffic Act (Non-licensed Driving on October 30, 2013) and a violation of the Road Traffic Act (abandoning) and a punishment imposed on a violation of the Road Traffic Act (abandoning) with heavier punishment);

1. Of concurrent crimes, the defendant's reason for sentencing as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Article 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (Article 37 of the Act on the Aggravated Punishment, etc. of Specific Crimes, which is the largest punishment: Provided, That the lowest sentence shall be the punishment prescribed by the Act on the Aggravated Punishment, etc. of Specific Crimes