All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for six months.

1. The respective punishment (the 6 months of imprisonment with prison labor and the 2 months of imprisonment with prison labor) that the judgment of the court below pronounced in the summary of the grounds for appeal 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 pursuant to 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 legal provisions concerning the facts of crime, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act that choose the penalty, Article 257 (1) of the Criminal Act and the choice of imprisonment, respectively;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of the concurrent crimes, the reason for sentencing is that the defendant recognized the mistake of each of the crimes of this case, and is in depth and reflect in relation thereto, and the victim is leaving the seat of the defendant by agreement with the victim of the injury of this case. The reason for sentencing of Article 37 (former part), Articles 38 (1) 2 and 50 (the lowest penalty shall be aggravated: Provided, That it shall be the punishment prescribed by the Road Traffic Act (the minimum sentence)) of the Criminal Act.

However, on May 28, 2010, the Defendant had been under criminal punishment several times for a crime including drunk driving, and was sentenced to three years for robbery and rape and injury by rape by the Daegu District Court on May 28, 2010, and again committed each of the instant crimes during the period of repeated crime after the execution of the sentence was completed on November 8, 2012.

At the time of driving under the influence of alcohol in this case, the blood alcohol concentration of the defendant was high by 0.176%, and they are in the simple driving under the influence of alcohol.