The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. Summary of the grounds for appeal and the sentencing (the original court shall be punished by imprisonment with prison labor for eight months);

2. The lower court determined ex officio as guilty of all the facts charged, but decided as 1 crime of excessive shape.

However, only between the crimes of violation of the Road Traffic Act (driving without a license) and the crimes of violation of the Road Traffic Act (driving without a license) under Article 40 of the Criminal Act, and the crimes of paragraph (1) and the crimes of assault under paragraph (2) are concurrent crimes under the former part of Article 37 of the Criminal Act.

Therefore, the court below should have sentenced the punishment within the scope of punishment imposed by the aggravated punishment pursuant to Article 38 of the Criminal Act.

Therefore, the judgment of the court below can no longer be maintained.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the argument of unfair sentencing on the ground of an ex officio reversal, and it is again decided as follows.

[Discied reasoning of the judgment below] Criminal facts and the summary of evidence recognized by the court below is the same as the corresponding column of the judgment below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2 (1) 1, Article 44 (1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); Article 152 subparagraph 1, Article 43 of the Road Traffic Act; Article 260 (1) of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. A mitigated person: A person subject to punishment under the former part of Article 37, Article 38 (1) 2, or Article 50 of the Criminal Act aggravated punishment for concurrent crimes subject to punishment: The defendant is not subject to punishment exceeding a fine due to drunk driving, and the degree of assault is not excessive.