The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that, for two years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal: The punishment imposed by the lower court (six months of imprisonment) is too unreasonable.

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

According to the records of this case, at around 23:55 on October 8, 2018, the Defendant driven a vehicle while under the influence of alcohol of about 0.145% of alcohol content without obtaining a driver's license from around 3 km section from the roads on the Song-gu Seo-gu Daejeon Island Bridge to the Daejeon Plue-dong.

Therefore, since the driver's act of the defendant is a single act, 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) should be applied to the commercial concurrence relationship, but the court below applied the defendant to the commercial concurrence relationship and added the defendant to the concurrent crimes by applying the rate as the commercial concurrence relationship.

In this respect, the judgment of the court below cannot be maintained as it is.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of ex officio reversal as seen above, and it is again decided as follows.

【Reasons for the judgment in Dai-gu, Seoul Special Metropolitan City, on October 8, 2018, the Defendant, at around 23:55, driven a Bho-do motor vehicle while under the influence of alcohol with approximately 0.145% of alcohol content, without obtaining a driver’s license, from around 3 km section from the roads on the Song-gu, Daejeon Special Metropolitan City, to the Daejeon Special Metropolitan City Bho-dong, to the roads in front of the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Application of the statutes on the register of driver's licenses;

1. A driving under Article 148-2(2)2 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018; Act No. 16037, Jun. 25, 2019) on criminal facts.