The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. ex officio determination of ex officio, driving a motorcycle in a situation where normal driving is difficult due to influence of alcohol and causing injury to another person due to a single traffic accident, and at the same time, the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes) and the Road Traffic Act due to damage to property is established, and both crimes are in a mutually competitive relationship

The court below erred by misapprehending the legal principles as to the number of crimes in the judgment of the court below, which affected the conclusion of the judgment, and in this respect, the judgment of the court below shall no longer be maintained.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed and it is again decided as follows, without examining the defendant's assertion of unfair sentencing, on the grounds of ex officio reversal.

Criminal facts

The summary of the facts charged and evidence against the defendant recognized by the court is identical to each corresponding column of the original judgment, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, Article 154 subparagraph 2, and Article 43 of the Road Traffic Act, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 46 (2) 2, the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, Article 151 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 [Attachment 1563] of the Criminal Act of the Commercial Concurrent Crimes and the violation of the Road Traffic Act (trade between the crimes of unlicensed driving and the crimes of unlicensed driving).