All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

1. Summary of grounds for appeal;

(a) The Prosecutor’s sentence (the first instance judgment: the fine of KRW 3,00,00, the second instance court, the imprisonment of KRW 2: 8 months) is too uneased and unreasonable.

B. The sentence of the court below No. 2 is too unreasonable.

2. Prior to the judgment on the grounds for appeal, this Court held ex officio each appeal case against the judgment of the court below jointly and tried. Each of the offenses committed by the judgment of the court below is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and a sentence should be imposed pursuant to Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be exempted from all reversal.

3. Accordingly, the judgment of the court below is reversed ex officio and it is again decided as follows without examining the above ex officio grounds for reversal of the judgment of the court below. The judgment below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and it is so decided as follows.

Criminal facts

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

Application of Statutes

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol) concerning facts constituting an offense, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of driving without a license);

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment imposed on a person who violates the Traffic Act of December 27, 2015 and a traffic Act of December 27, 2015 and a person who violates the Traffic Act of roads, and a punishment imposed on a person who violates the same Act of heavy punishment);

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 following facts are the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act, which are disadvantageous to the Defendant.

The Defendant was punished three times by driving under drinking prior to each of the crimes in this case, and by driving without obtaining a license.