The judgment of the court below is reversed.

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

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The Prosecutor’s summary of the grounds for appeal (the imprisonment of 10 months and the imprisonment of 2 years and the probation, and the community service order of 200 hours and the probation) is too uneased and unreasonable.

2. Before the prosecutor's judgment on the grounds for appeal, the crime of violation of the Road Traffic Act (Refusal of measurement) and the crime of violation of the Road Traffic Act (non-exclusive license) are substantially different in terms of the purpose of legislation, form of act and protection of legal interests and interests, and thus constitutes substantive concurrent crimes, the court below, despite the fact that such violation was committed as ordinary concurrent crimes, and such violation affected the judgment. In this regard, the judgment of the court below is no longer maintained.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's argument of unfair sentencing, on the ground that the above ground for ex officio reversal exists, and the judgment below is again decided as follows

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence are the same as the corresponding part of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure the noise level), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, and selection of imprisonment with prison labor, respectively;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. On the grounds of sentencing under Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act and Article 59 of the Act on Probation, etc., the crime of this case shall comply with the measurement of alcohol on the grounds that there are reasonable grounds to recognize that the defendant driven the vehicle without a driver's license and driven the vehicle while drunk