All judgment of the court below shall be reversed.

The punishment of the accused shall be determined by ten months of imprisonment.

1. Summary of grounds for appeal;

A. The sentence of the lower court (the first instance judgment: imprisonment with prison labor for eight months) is too unreasonable.

B. The Prosecutor’s sentence (the second instance judgment: the fine of KRW 10,000,00) is too unhued and unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, this Court tried to examine the two cases of appeal by combining the two cases of appeal by the defendant. The crimes of each case deliberated in the trial by the court in question are concurrent crimes under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of the term of punishment aggravated for concurrent crimes pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be reversed in its entirety.

3. Accordingly, the lower court’s judgment is reversed in its entirety pursuant to Article 364(2) of the Criminal Procedure Act without examining the Defendant and the prosecutor’s allegation of unfair sentencing, and it is so decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions of the Act concerning the crime, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (the occupation of refusing to measure the drinking), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the occupation of driving without a license) of the Road Traffic Act, the selection of imprisonment for each sentence;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant repents and reflects his or her misconduct, does not commit a second offense, and that there is a family member to support as the most favorable circumstance.

However, this case.