The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. The sentence imposed by the lower court (eight months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. Before the judgment on the grounds for appeal by the defendant's ex officio, each crime in the judgment of the court below is a concurrent crime under the former part of Article 37 of the Criminal Act. Thus, the sentence shall be determined by the method of determining the applicable sentences within the scope of the aggravated punishment pursuant to Article 38 (1) of the Criminal Act, but the court below committed a mistake of omitting aggravated punishment. In this regard, the judgment of the court below cannot be maintained further.

3. Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and the following is again decided after pleading.

Criminal facts

The summary of the facts charged by this court and the summary of the evidence are as stated in each corresponding column of the judgment below, except for the addition of "written inquiry, such as criminal history, reply, investigation report (Attachment of summary order, 2017 order No. 527 order No. 11)" in Article 369 of the Criminal Procedure Act, and thus, the summary of the evidence is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Traffic Act concerning the facts constituting an offense, and Articles 148-2 (Selection of Imprisonment);

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes with punishment as provided for in the crimes of violation of the Road Traffic Act by Act No. 1441, Dec. 30, 2016, with heavy circumstances];

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following favorable circumstances among the reasons for sentencing) are as follows: (a) the Defendant has been punished several times for the same kind of crime; (b) the blood alcohol level of 0.218% and 0.214%; (c) the blood alcohol level of 0.218% and 0.214%; and (d) the Defendant was under control as a crime of the 1st negative transport; and (e) the Defendant has not passed since 20 days ago.