The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for not more than ten months, two years suspended execution, and 40 hours an order to attend a compliance driving lecture) of the lower court is too unreasonable;

The Defendant asserted “in fact-finding and unreasonable sentencing” on the date of the first trial on the grounds of appeal, but the assertion of mistake was made after the lapse of the period for filing the grounds of appeal, and thus cannot serve as a legitimate grounds for appeal, and the amendment of indictment was made in the trial by reflecting the above argument, and the Defendant stated that all the charges modified during the third trial

In light of the above circumstances, it is deemed that only the Defendant’s grounds for appeal alleged “absurdity” as the grounds for appeal.

2. The ex officio determination prosecutor applied for the amendment to a bill of amendment of the indictment with the content that the facts charged in the instant case are modified as stated below, and the judgment of the court below is no longer maintained, since this court permitted this and changed the subject matter of the judgment.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 defendant's assertion of unfair sentencing, on the ground that the above ground for ex officio reversal exists, and it is again decided as follows.

Criminal facts

The defendant is a person who is engaged in driving a B mother car.

On March 1, 2018, the Defendant, while under the influence of alcohol 0.105% on blood alcohol level on March 21, 2018, driven a motor vehicle without a driver's license, and proceeded with a three-lane road in front of the middle school intersection in the Daejeon-gun, Daejeon-gun, Daejeon-gun, along the one-lane in front of the middle school intersection.

At the time, the signal at night is installed, and the signal to turn to the left is changed from the stop signal to the left, so the driver of the vehicle confirms the right turn to the left.