All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for two years.

1. Summary of grounds for appeal;

A. As to the crime of the second instance court, the Defendant committed the crime in the state that the Defendant had the ability to discern or make a decision on the subject matter under the influence of alcohol.

B. The lower court’s sentence of unreasonable sentencing (No. 1: a fine of KRW 4 million, and a fine of KRW 200,000) is too unreasonable.

2. Prior to the judgment on the grounds for appeal, the court of appeal Nos. 1 and 2 ex officio examined the defendant as to the grounds for appeal, and the court of appeal rendered a judgment imposing a fine of KRW 4 million on the former as to the former and two years as to the latter, after completing a separate hearing as to the defendant by Sungwon District Court Branch 2012 High Court Branch 2012 High Order 2120 and High Order 2014 High Order 1923, respectively. The defendant filed an appeal against each of the above judgment below, and the court of appeal decided that the above two appeals cases will be deliberated together.

Therefore, since the first and second crimes against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, punishment should be imposed according to the case of concurrent crimes under Article 38(1) of the Criminal Act, the judgment of the court below against the defendant can no longer be maintained.

3. If so, the court below's decision is reversed in accordance with Article 364 (2) of the Criminal Procedure Act as the above reasons for ex officio reversal are as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) 3 of the Criminal Act, Article 257 (1) of the Criminal Act and Article 257 (1) of the Criminal Act (the point of injury and the choice of imprisonment with labor);

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

1. Articles 53 and 55(1) of the Criminal Act for discretionary mitigation;