All judgment of the court below shall be reversed.

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

1. Summary of grounds for appeal;

A. The sentence (three million won of a fine) imposed by the court below by the second instance court is too unhued and unreasonable.

B. The punishment sentenced by the court of first instance (ten months of imprisonment) is too unreasonable.

2. The Court ex officio rendered a consolidated examination of each appeal against the judgment below.

Each crime in the holding of the court below is a concurrent crime under the former part of Article 37 of the Criminal Act, and a sentence shall be imposed in accordance with Article 38(1) of the Criminal Act.

The judgment of the court below has reasons for ex officio destruction.

The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, without proceeding to decide on the grounds for appeal by the prosecutor and the defendant, and it is again decided as follows.

Criminal facts

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

Application of Statutes

1. Subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the same Act, and Article 148-2 (2) 3 of the Road Traffic Act concerning the facts constituting a crime (a point of driving under a license without license);

1. Punishment provided for in Articles 40 and 50 of the Criminal Act among the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act on or around March 19, 2013, and punishment provided for in the crimes of violation of the Road Traffic Act of which punishment is heavier;

1. Selection of each sentence of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. From among concurrent crimes, the defendant, among the concurrent crimes, is expected not to repeat the crime by breaking his/her mistake in depth. The reason for sentencing of Article 37 former part, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes as prescribed by the Road Traffic Act (Aggravated Punishment) (Aggravated Punishment on December 1, 2012 with the largest penalty) is that the defendant will not repeat the crime.

There are circumstances that make it difficult for the defendant to operate a secondhand shop and support old old old old old old old old old aging.

However, the defendant is subject to criminal punishment several times due to drinking and driving without a license.