The judgment of the court below is reversed.

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

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (10 months of imprisonment) is too unreasonable.

2. Prior to the judgment on the Defendant’s unfair argument of sentencing ex officio, the record reveals that the Defendant was sentenced to a suspended sentence of two years on October 27, 2015 to imprisonment with labor for the crime of violating the Road Traffic Act (drinking) at the Goyang Branch Branch of the Jung-gu District Court on March 27, 2015, and the above judgment became final and conclusive on June 30, 2016. Since the crime in the judgment of the court below is in a concurrent relationship with the above crime of violating the Road Traffic Act (drinking) at which the judgment became final and conclusive and the latter part of Article 37 of the Criminal Act, the sentence shall be determined after examining whether to reduce or exempt the sentence in consideration of equity and the case at which the judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act. In this regard, the judgment of the court

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of facts and evidence recognized by the court is the criminal facts and the summary of the evidence as stated in the judgment of the court below, and the above judgment was finalized on June 30, 2016 on the following grounds: "The defendant was sentenced to a two-year suspended sentence for a violation of road traffic law (driving) in the High Court of the Jung-gu District on October 27, 2015.

“A previous conviction in the judgment of the court below” is added and the summary of the evidence is cited as it is in accordance with Article 369 of the Criminal Procedure Act, except for the addition of “a prior conviction in the judgment of the court below” in the last part of the evidence, as stated in each corresponding part of the judgment below.

Application of Statutes

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Commercial concurrence;