All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

1. Summary of grounds for appeal;

A. The Defendant (the first instance judgment against the lower court)’s punishment (two years of imprisonment) is too unreasonable.

B. The second sentence (two years of imprisonment with prison labor, two years of probation, community service, and lecture attendance order) of the court below (the second sentence against the judgment of the court below) is too uneased and unreasonable.

2. Prior to the judgment on the assertion of unfair sentencing by the defendant and the prosecutor, the judgment of the court below against the defendant was rendered a separate judgment, and each appeal was filed, and this court decided to concurrently deliberate on each of the above appeals cases. Each of the offenses in the judgment of the court below is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and thus a single sentence should be imposed under Article 38(1) of the Criminal Act. In this regard, the judgment of the court below against the

3. Accordingly, the lower court’s judgment reversed all of the lower judgment under Article 364(2) of the Criminal Procedure Act without examining the Defendant and the prosecutor’s respective arguments on unfair sentencing, and rendered a new judgment following the oral argument.

【Discied Judgment】 The facts constituting a crime recognized by the court and the summary of the evidence are identical to the facts stated in each corresponding column of the original judgment, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

1. Selection of imprisonment for each sentence of Articles 40 and 50 ( between the crimes of violation of the Road Traffic Act on May 9, 2020 and the crimes of violation of the Road Traffic Act (non-license) and the punishment prescribed by the crimes of violation of the Road Traffic Act (non-license) with heavier punishment] of the Commercial Concurrent Punishment Act;

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

1. Article 53 of the Criminal Act for discretionary mitigation