The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The summary of the grounds for appeal (ten months of imprisonment, two years of suspended execution, and 80 hours of community service order) declared by the court below is too unhued and unreasonable.

2. From among the instant crimes, the crime of violation of the Road Traffic Act, among the crimes of this case, is defined as imprisonment with prison labor for not less than one year but not more than three years, or a fine not less than ten million won but not more than ten million won, which falls under Articles 148-2(1)1 and 44(1) of the Road Traffic Act.

The lower court selected imprisonment and sentenced ten months of imprisonment (two years of suspended execution).

However, since the punishment of the instant crime was imposed for more than one year, the court below should have sentenced the above punishment to the Defendant who did not have any legal grounds for mitigation, but sentenced the punishment beyond the scope of the punishment without omitting it, and thus, the judgment of the court below was no longer maintained in this respect.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, on the grounds of the above ex officio reversal, and it is again 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 below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The defendant, for the reason of sentencing under Article 62-2(1) of the Social Service Order Criminal Act, has been punished several times, including a single sentence, one suspended sentence, and one suspended sentence, for the same kind of case. In addition, the crime of this case has been committed, and blood alcohol concentration.