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.

except that from the date of this judgment.

1. The decision of the court below against the defendant on the summary of the grounds for appeal (an unfair form of punishment: imprisonment with prison labor for 1 year and 6 months, and imprisonment with prison labor for 6 months) is too unreasonable.

2. The judgment of the court below ex officio decided to hold a joint hearing of each appeal case against the defendant. Each of the offenses in the judgment of the court below is concurrent offenses under the former part of Article 37 of the Criminal Act, and thus a single sentence should be sentenced in accordance with Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained in its entirety.

3. As such, the judgment of the court below and the judgment of the court of second instance on the grounds of ex officio reversal as seen earlier, without examining the Defendant’s respective arguments on unfair sentencing against the judgment of the court below, all of them are reversed pursuant to Article 364(2) of the Criminal Procedure Act, and they are again decided as follows

【Reasons for the Judgment of the Court which has been written] The summary of facts constituting a crime and evidence recognized by the court is the same as that of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 152 subparagraph 1, Article 43 of the Road Traffic Act, Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act, Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 151 of the Road Traffic Act, Articles 148, and 54 (1) of the Road Traffic Act, Article 37 subparagraph 10 of the Resident Registration Act, concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the provisions of Articles 40 and 50 of the Road Traffic Act by date and between the crimes of violation of the Road Traffic Act by date, and each punishment shall be imposed on a violation of the Road Traffic Act with heavier punishment (the punishment provided for the crime of drinking and each punishment shall be imposed);