The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Summary of Grounds for Appeal

The punishment sentenced by the court below (one year of imprisonment) is too unreasonable.

2. An ex officio determination prosecutor filed an application for amendment to a bill of amendment with the purport that the portion of “a about 20 km” in Article 1-A(2) of the facts charged at the trial was changed to “a about 12 km,” and the subject of the judgment was changed by this court. As such, the subject of the judgment was changed to October 19, 2019, and the remaining crimes of this case should be sentenced to one punishment in relation to concurrent crimes under the former part of Article 37 of the Criminal Act. Thus, the judgment of the court below cannot be maintained as it is.

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

[Discied reasoning of the judgment below] Criminal facts and the summary of evidence recognized by this court are as follows: The part of " approximately 20 km" in Article 1-1 (a) 2 of the Criminal facts of the judgment below is used as " approximately 12 km" and it is identical to the corresponding column of the reasoning of the judgment below. Thus, it is accepted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, the former part of Article 5-11 of the relevant Act and the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes for which the choice of punishment is made (the point of drinking at around 12:10 on October 19, 2019), Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act (the point of drinking at around 08:25 on October 19, 2019), the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act from among the concurrent crimes of imprisonment choice, each of which constitutes a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the lowest limit of the concurrent crimes of driving at around 12:10 on October 10, 201).