All judgment of the court below shall be reversed.

Defendant shall be punished by imprisonment for a term of one year and three months.

1. The summary of the grounds for appeal (the first judgment: imprisonment with prison labor for six months and the second judgment: imprisonment with prison labor for one year) is too 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 judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows after oral argument.

Criminal facts

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

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (2) 2, 44 (1) of the Road Traffic Act (the point of driving under the influence of alcohol on April 8, 2018), Article 154 subparagraph 2, and Article 43 of the Road Traffic Act (the point of driving without a license for a motorcycle), Articles 148-2 (1) 1, and 44 (1) of the Road Traffic Act (the point of driving under the influence of alcohol on September 15, 2018), subparagraphs 1, and 43 of Article 152 of the Road Traffic Act (the point of driving without a license for a motor vehicle), Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (the point of operating a mandatory insurance vehicle);

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

1. Selection of each sentence of imprisonment;

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

1. The reasons for sentencing Article 37 (former part), Article 38 (1) 2 and Article 50 of the Criminal Code among concurrent offenders are divided into the defendant's mistake.