All judgment of the court below shall be reversed.

The punishment of the accused shall be determined by a year of imprisonment.

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (the first instance judgment: imprisonment with prison labor for eight months and the second instance judgment: imprisonment with prison labor for six months) is too unreasonable.

B. The sentence of the first instance judgment by the prosecutor is too unhued and unreasonable.

2. Before determining the grounds for appeal by the Defendant and the Prosecutor, this paper examined ex officio.

The Court held that each appeal case against the judgment below was consolidated and tried, and that each offense committed by the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one sentence should be imposed in accordance with Article 38(1) of the Criminal Act.

Therefore, all the judgment of the court below can not escape from reversal.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the Defendant and the prosecutor’s allegation of unfair sentencing, and it is again decided as follows through oral argument.

[Discied Judgment] Summary of facts constituting an offense and evidence recognized by the court is identical to the facts constituting an offense and summary of evidence as stated in each corresponding column of the judgment below.

(Article 369 of the Criminal Procedure Act). Application of law

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the relevant criminal facts; Article 268 of the Criminal Act; Articles 148 and 54 (1) of the Road Traffic Act; Articles 152 subparagraph 1 and 43 of the Road Traffic Act; Article 314 (1) of the Criminal Act; Article 136 (1) of the Criminal Act; Article 257 (1) of the Criminal Act;

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

1. Selection of each sentence of imprisonment;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. From among concurrent crimes, the reasons for sentencing in the former part of Article 37, Article 38(1)2, the proviso of Article 50, and the proviso of Article 42 of the Criminal Act have the record of having been punished several times due to driving without a license for drinking.