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.

2. The crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) due to drinking shall be deemed as a separate crime that cannot be deemed as including all other crimes in light

Nevertheless, the court below held that the above two crimes are in a commercial concurrent relationship. In so doing, the court below erred by misapprehending the legal principles on the relation of acceptance of crimes, which affected the conclusion of the judgment, and as long as the above part and the remainder of the judgment of the court below are in a concurrent relationship, the court below

3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the above grounds for reversal of unfair sentencing, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts and evidence recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154, Article 43 of the Road Traffic Act, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crimes of violation of the Road Traffic Act and the violation of the Road Traffic Act without a license) and the crimes of violation of the Road Traffic Act with heavier punishment (the punishment specified for the crime of driving under the same Article) shall be imposed, respectively;