All judgment of the court below shall be reversed.

Defendant shall be punished by imprisonment for a year and six months and by a fine of 3,00,000 won.

The defendant above.

1. The sentence imposed by the lower court on the summary of the grounds for appeal (Article 1.1: Imprisonment with prison labor for a period of one year and six months, and a fine of three million won) is too unreasonable.

2. The Court rendered ex officio reversals and examines each appeal case against the lower judgment.

Each crime in the holding of the court below is a concurrent crime under the former part of Article 37 of the Criminal Act, and a sentence shall be imposed in accordance with Article 38(1) of the Criminal Act.

The judgment of the court below has reasons for ex officio destruction.

The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, without proceeding to decide on the grounds for appeal by the defendant, and the judgment is again ruled as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the entries in each corresponding column of the judgment below. Thus, all of the judgment below are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act, Article 298 of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of a fine for the crime of violation of the Road Traffic Act in relation to the option of the punishment, and the crime of each indecent act by force;

1. Article 53 and Article 55 (1) 3 and 6 of the Criminal Act for discretionary mitigation;

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Article 334(1) of the Criminal Procedure Act provides that the defendant has committed each of the crimes of this case with the records of having been punished several times for the same criminal records such as violence.

At the time of the driving of the instant drinking, the Defendant’s blood alcohol concentration was 0.255%, and this was the same.