All of the first and second original judgments shall be reversed.

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

1. The summary of the grounds for appeal (in the case of the first instance judgment: imprisonment with prison labor for 6 months and 6 months) of the lower judgment is too unreasonable.

2. We examine ex officio the grounds for appeal prior to the judgment ex officio.

On the defendant, the first and second original judgments were sentenced, and the defendant filed an appeal respectively, and the above two appeals cases were decided to be consolidated and tried by the court.

The crime of each judgment of the court below against the defendant is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one of the above judgment of the court below cannot be maintained as it is, since it is the concurrent crimes under Article 38 (1

3. 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 grounds of the above ex officio reversal, and the judgment below is reversed in entirety, and it is again decided as follows.

Criminal facts

The summary of the facts charged and evidence recognized by the court is identical to the corresponding column of the judgment below, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Among concurrent crimes, the reasons for sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act recognize and reflects the crime of this case among the crimes committed by the defendant. However, although the defendant has a majority of criminal records of imprisonment without a license or driving under influence, and in particular, there are criminal records of violation of the Guarantee of Automobile Accident Compensation Act, and the degree of blood alcohol level of drunk driving is zero.