The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. The sentenced sentence of the court below (4 months of imprisonment) is too unreasonable.

2. On September 17, 2012, the Defendant’s vehicle driving without obtaining a driver’s license under the influence of alcohol concentration of 0.094% on the road located in the Gyeong-gun, Gangwon-do, Gangwon-do, Gangwon-do on September 17, 2012, as stated in the instant facts charged, prior to the Defendant’s judgment on the grounds for appeal (ex officio determination). In such a case, one act constitutes several crimes, and thus constitutes a common competition relationship. In such a case, the Defendant should be punished for the most serious crime among each of the crimes in which a common competition relationship is established.

The court below punished the defendant for a violation of the Road Traffic Act and a violation of the Road Traffic Act with heavier punishment while dealing with the defendant's ordinary concurrent crimes. In the case of a violation of Article 44 (1) of the Road Traffic Act, i.e., a person whose blood alcohol content is not less than 0.05 percent but less than 0.1 percent, according to Article 148-2 (2) 3, a person whose blood alcohol content is not more than 0.05 percent but less than 0.1 percent shall be punished for a term of not more than 6 months or a fine not exceeding 3 million won. According to Article 43 of the Road Traffic Act, where a person without a license drives a motor vehicle in violation of Article 43 of the Road Traffic Act, the court below punished the defendant for a violation of Article 152 subparagraph 1 of the same Act, and the defendant for a violation of Article 148-2 (2) 3 of the Road Traffic Act without a license if he drives without a license under the influence of 0.094% as the defendant.