A defendant shall be punished by imprisonment for four months.

A. The punishment of the court below (4 months of imprisonment) is excessively unreasonable in light of the fact that the defendant reflects the defendant's mistake in depth and repents, and that the defendant agreed with the victim of special intimidation.

B. The prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Before determining the grounds for appeal by the Defendant and the prosecutor, the statutory penalty for the crime of violating the Road Traffic Act (driving of alcohol) is ex officio: (a) imprisonment with prison labor for not less than six months but not more than one year; or (b) imprisonment with prison labor for not more than three million and not more than five million won; (c) the statutory penalty for special intimidation is imprisonment with prison labor for not more than seven years or with prison labor for not more than ten million won; and (d) according to the punishment for the crime of violating the Road Traffic Act (driving of alcohol), the minimum penalty for concurrent crimes prescribed by the special intimidation is aggravated; and (e) the minimum sentence for concurrent crimes, which is prescribed by the crime of violating the Road Traffic Act (driving of Drinking), the lower court erred by misapprehending the minimum sentence of the applicable punishment against the Defendant without statutory mitigation or mitigation, and affected the judgment.

In this respect, the judgment of the court below can no longer be maintained.

3. As such, the judgment of the court below is reversed ex officio without examining the defendant and the prosecutor's improper assertion of sentencing, and the judgment below is reversed and it is again decided as follows through pleading.

[Re-written judgment] The facts constituting an offense and the summary of evidence recognized by the court and the summary of evidence are as stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions of the Criminal Act and Articles 284, 283(1) (special intimidation) of the Criminal Act concerning facts constituting an offense, and Articles 148-2(2)2 and 44(1) of the Road Traffic Act concerning the selection of punishment, and Articles 44(1) of the same Act concerning the driving of drinking.