All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

1. Summary of grounds for appeal;

A. The sentence of the lower court (the first instance judgment: imprisonment with prison labor for 8 months and the second instance judgment: imprisonment with prison labor for 4 months) is too unreasonable.

(b) the first instance sentence of the Prosecutor is too unfilled and unreasonable;

2. The appellate court, ex officio, decided to hold a joint hearing of each appeal case against the defendant by the lower court.

Since each crime of the judgment below is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, a single punishment shall be imposed within the scope of the term of punishment for which concurrent crimes are aggravated by judgment pursuant to Article 38(1) of the Criminal Act.

In this respect, all judgment of the court below cannot be maintained as it is.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the above ex officio grounds for reversal, and the judgment below is reversed in entirety, and the following is again decided after pleading.

Criminal facts

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

In accordance with Article 369 of the Criminal Procedure Act, they are quoted as it is.

Application of Statutes

1. Article 148-2 (1) 2, Article 44 (2) of the Road Traffic Act (the rejection of measurement of drinking), Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the occupation of drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the occupation of driving without a license) concerning the facts constituting an offense; Articles 152 (1) and 31 (1) of the Criminal Act (the occupation of the above teacher)

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);

1. Selection of each sentence of imprisonment;

1. Article 153 and Article 55 (1) 3 of the Criminal Act (with respect to the crime of aiding and abetting perjury), which is mitigated;

1. Article 37 (former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 (Punishment and Offense) of the Criminal Act, shall be the largest.