The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Summary of Grounds for Appeal

The punishment of the court below (two years and four months of imprisonment) is too unreasonable.

2. We examine ex officio the grounds for appeal prior to the judgment ex officio.

The Defendant’s violation of the Road Traffic Act (driving without a license) and the violation of the Road Traffic Act (driving without a license) are in an ordinary competition relationship under Article 40 of the Criminal Act. The lower court, without any ordinary concurrence in the application of the Act and subordinate statutes, chosen imprisonment for the violation of the Road Traffic Act (driving without a license) and subsequently committed an aggravated aggravated crime, and thus, the lower court became unable to maintain it further.

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 reversal ex officio as seen earlier exists, and the following is again decided

【Discied Judgment】 The facts constituting a crime recognized by the court and the summary of the evidence are identical to the facts stated in each corresponding column of the judgment below, thereby citing them in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 37 subparagraph 10 of the Resident Registration Act (the illegal use of resident registration numbers), Article 239 (1) of the Criminal Act, Article 239 (2) and Article 239 (1) of the Criminal Act, Article 40 and Article 50 of the Criminal Act for the ordinary concurrent crimes [the punishment provided for in Articles 40 [the crime of violating the Road Traffic Act (driving without Permission) and Article 44 (1) of the Road Traffic Act (the crime of violating the Road Traffic Act) and the crime of violating the Road Traffic Act (the crime of violating the Road Traffic Act) with heavy punishment];

1. Selection of punishment by imprisonment with prison labor for a violation of the Road Traffic Act and the Resident Registration Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the punishment shall be the penalty specified for the most severe crime of running a road;