All judgment of the court below shall be reversed.

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

1. Summary of grounds for appeal;

A. The punishment (6 months of imprisonment) of the second instance court is too unlimited and unfair.

B. The first sentence of the lower court (two months of imprisonment, two years of suspended sentence, 40 hours of a compliance driving lecture, community service 40 hours) of the prosecutor (unfair punishment) is deemed unreasonable.

2. Each appeal case against the defendant was consolidated at the time of ex officio examination and trial prior to the judgment on the grounds for appeal by the defendant and the prosecutor. Each of the offenses of the judgment below is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and a sentence should be imposed within the scope of the term of punishment aggravated for concurrent offenses in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained any more.

3. The lower court’s conclusion is reversed in its entirety pursuant to Article 364(2) of the Criminal Procedure Act without examining the Defendant and the prosecutor’s allegation of unfair sentencing, on the grounds of ex officio reversal as above, and further decided as follows.

Criminal facts

The summary of facts constituting an offense and evidence recognized by this court shall be as shown in the respective columns of the original judgment.

Article 369 of the Criminal Procedure Act is quoted as it is.

Application of Statutes

1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of driving under the influence of alcohol on August 19, 2014), Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act (the point of driving under the influence of alcohol on January 10, 2015), subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning criminal facts;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment imposed on a violation of the Road Traffic Act due to a drunk driving on January 10, 2015, a violation of the Road Traffic Act due to a drunk driving on January 10, 2015, a violation of the Road Traffic Act (unlicensed driving), and a punishment imposed on a violation of the Road Traffic Act with heavier punishment);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the sum of the long-term punishments of Articles 37 (former part), 38 (1) 2 and 50 (2) of the Criminal Act shall be the scope; and