We reverse the judgment of the court below.

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

1. Summary of grounds for appeal;

A. Prior to the instant crime, the Defendant was revoked his driver’s license on the ground that he driven under the blood alcohol concentration of 0.051% prior to the instant crime. Since the foregoing drinking water was mistakenly measured, the revocation of the driver’s license based on this was no longer effective, and thus, the instant driving cannot be deemed as a non-exclusive driving.

B. The lower court’s sentence of unreasonable sentencing (the first instance court’s sentence: the imprisonment of six months, and the second instance court’s sentence: the imprisonment of six months) is too unreasonable.

2. Determination

A. Prior to the judgment on the grounds for appeal ex officio, the defendant filed an appeal against the judgment of the court below, and the court decided to concurrently deliberate on the appeal against the judgment of the court below. Each of the offenses against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and a single sentence should be imposed within the term of punishment increased by concurrent crimes in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained.

B. Articles 361-2(1) and 361-2(2) and 361-3(1) of the Criminal Procedure Act provide that when the appellate court has received the record, the appellant and the other party, and the defense counsel shall be notified, and the appellant or defense counsel shall submit the statement of grounds for appeal to the appellate court within 20 days from the date of

On August 17, 2015, the defendant's state appointed defense counsel argued that the judgment of the court of first instance was erroneous.

The Defendant recognized all the facts charged at the court of first instance and submitted a petition of appeal on May 22, 2015, and the Defendant received each notification of the receipt of the trial record on June 111, 2015, and the Defendant’s state appointed defense counsel on June 12, 2015. However, the grounds for appeal filed by the Defendant on June 22, 2015 and the grounds for appeal filed by the Defendant’s state appointed defense counsel on June 23, 2014 are specified as the grounds for unfair sentencing.