The part of the judgment of the court of first instance against the defendant and the judgment of the court of second instance shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. Summary of grounds for appeal;

A. Defendant 2’s punishment (one year of imprisonment) is too unreasonable.

B. The Prosecutor’s first sentence (one year of imprisonment, two years of suspended execution, and 120 hours of community service order) of the lower court is too unhued and unreasonable.

2. We examine ex officio prior to judgment on the grounds for ex officio appeal.

The appellate court held that the defendant's appeal cases against the judgment of the court below are consolidated and tried, and that each offense against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and a single punishment should be sentenced in accordance with Article 38 (1) of the Criminal Act.

Therefore, the judgment of the court below against the defendant was no longer maintained.

3. As such, the judgment of the court below against the defendant is reversed on the part of the judgment of the court below of first instance and the judgment of the court below of second instance as to the defendant under Article 364 (2) of the Criminal Procedure Act, since there are grounds for reversal ex officio as seen above. Thus, the prosecutor's improper assertion of sentencing as to the judgment of the court of first instance and the judgment of the court below as to the defendant's wrongful assertion of sentencing as to

[Judgment of the court below] The summary of the facts constituting an offense and evidence is identical to each corresponding column of the court below's judgment (the court below's judgment of No. 1 is corresponding to each corresponding column of the defendant) and thus, it is quoted by Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions and Articles 148, 54(1) of the former Road Traffic Act (amended by Act No. 14356, Dec. 2, 2016); Articles 151(1) and 31(1) of the Criminal Act (a) of the same Act regarding criminal facts; (b) Articles 148, 54(1) (a) of the same Act; (c) and 151(1) (a) of the same Act; and (d) Articles 148-2(1)1 and 44(1) of the Road Traffic Act (a) of the same Act concerning driving of alcohol and choice of imprisonment with labor)

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The defendant's reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act (hereinafter "the following reasons for sentencing") of the Act on Reduction of Small Amount.