All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

1. The summary of the grounds for appeal (e.g., misappropriation) of the lower court’s respective punishment (e.g., 6 months of imprisonment without prison labor and 6 months of imprisonment with prison labor) is too unreasonable.

2. The appeal case against the judgment below was consolidated in the judgment of the court of ex officio reversal following the consolidation, and each crime of the judgment below constitutes concurrent crimes under the former part of Article 37 of the Criminal Act and thus, one punishment should be imposed in accordance with Article 38 of the Criminal Act. Thus, the judgment of the court below cannot be maintained any longer

Therefore, without examining the Defendant’s assertion of unfair sentencing, all the judgment of the court below under Article 364(2) of the Criminal Procedure Act is reversed, and the following judgment is rendered through pleading.

【Reasons for the Judgment of the court below, 【The facts constituting a crime and the summary of the evidence admitted by the court below, and the summary of the evidence, are identical to each corresponding column of the judgment of the court below, except for the case of changing a “K5 vehicle” from among the facts constituting the crime of the court of the second instance to a “Systuna vehicle.” As such, they are cited

Application of Statutes

1. Article 3(1) and the proviso of Article 3(2)2 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the point of causing occupational negligence as of October 6, 2018, the choice of imprisonment without prison labor), Article 3(1), the proviso of Article 3(2) and Article 3(8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the point of causing occupational negligence as of February 27, 2019, the choice of imprisonment without prison labor), Articles 148-2(2)2 and 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018) (the choice of imprisonment with prison labor)

1. Of concurrent offenders, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act: (a) the Defendant: (b) obstructed the central line on October 6, 2018; and (c) caused a traffic accident while driving the same car under the influence of alcohol on February 27, 2019, four months after the occurrence of the traffic accident; and (d) the Defendant agreed with the victim P at the trial.