1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for ten months;

1. The sentence imposed by the court below on the summary of the grounds for appeal (ten months of imprisonment) is too unreasonable (the argument that mental and physical weakness were withdrawn). 2. We examine ex officio prior to determining the grounds for appeal by the defendant ex officio.

On June 22, 2016, the Defendant was sentenced to six months of imprisonment and two years of suspended execution for a violation of the Road Traffic Act (non-licensed driving) at the Suwon Friwon (2015, group 2647, group 2647), and the above judgment became final and conclusive on the 30th of the same month.

Therefore, the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (unlicensed Vehicles) and the crime of violation of the Road Traffic Act (Unlicensed Driving) committed before the judgment becomes final and conclusive is a concurrent crime of the latter part of Article 37 of the Criminal Act, and it is necessary to apply Article 39(1) of the Criminal Act. As such, the judgment of the court below is no longer maintained.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument about sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.

Criminal facts

On June 22, 2016, the defendant was sentenced to 6 months of imprisonment and 2 years of suspended execution due to a violation of road traffic law (unlicensed driving) at the Suwon Friwon on June 22, 2016, and the above judgment became final and conclusive on the 30th of the same month.

[Criminal facts]

1. On August 2, 2014, the Defendant was under the influence of 0.157% of alcohol during blood transfusion without obtaining a driver’s license of a motor vehicle on August 22, 2014, and the Defendant driven a Crocketing or other motor vehicle at the section of about 1 Km for approximately 1 Km from the mnive frequency parking lot of Ri located in the north-gu, Yan-gu, Yan-gu, Yan-gu to the front of the “Am-gu,” located in the above-mentioned Li-gu.

2. The Defendant, who violated the Act on the Aggravated Punishment, etc. of Specific Crimes (UP) and the Road Traffic Act (UP) (UP), committed the said car on the two-lane road located in North-gu, North Korea at the time of the port of call at the above time.