All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

1. The summary of the grounds for appeal is unreasonable because each sentence of the original court (the first sentence: the imprisonment of eight months and the second sentence: the imprisonment of one year) is too unreasonable;

2. Prior to the judgment on the grounds for appeal ex officio, the above judgment was rendered by the court below for eight months (the first instance court) and one year (the second instance court) after completing a separate hearing against the defendant. The defendant filed an appeal against each judgment of the court below, and this court decided to hold concurrent hearings with each of the above two appeals cases. Each of the offenses against the defendant in the judgment of the court below is concurrent crimes under the former part of Article 37 of the Criminal Act and shall be sentenced to a single punishment at the same time in accordance with Article 38(1) of the Criminal Act. In this regard, each of the offenses against the defendant in the judgment of the court below is concurrent crimes under the former part of Article 37 of the Criminal Act. Therefore

3. The judgment of the court below is reversed in its entirety under Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of the above ex officio reversal, and following the pleading is decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns 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 applicable to criminal facts;

(a) The point of risk driving death: The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes;

(b) The point of driving under the influence of alcohol: Subparagraph 1 of Article 148-2 of the former Road Traffic Act (Amended by Act No. 9580, Apr. 1, 2009; Act No. 10790, Jun. 8, 2011); Articles 44(1) and 148-2(1)1 of the Road Traffic Act (Amended by Act No. 1071, Apr. 17, 201); Articles 148-2(1) and 44(1) of the Road Traffic Act (D Drinking under the influence of alcohol on July 26, 2012)

(c) Point of driving without obtaining a license: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

1. As of April 17, 201, Articles 40 and 50 of the Criminal Code of the Commercial Competition.