All judgment of the court below shall be reversed.

Defendant shall be punished by a fine of seven million won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The sentence of the first instance judgment (limited to the Defendant), which sentenced to the first instance judgment (limited to the sentencing of the Defendant), is too unreasonable.

B. The sentence of KRW 2 sentenced to the second instance judgment (an improper sentencing only for Defendant) (an amount of KRW 3 million) is too unreasonable.

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

This Court reviewed the appeal case of the first instance judgment and the second instance judgment of the first instance judgment. Each of the offenses against the Defendant is concurrent offenses under the former part of Article 37 of the Criminal Act, and thus, should be punished as a single sentence within the scope of the term of punishment increased by concurrent offenses in accordance with Article 38(1) of the Criminal Act. Thus, the lower judgment cannot be maintained in its entirety.

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 unfair argument about sentencing, and the judgment below is reversed in entirety, and it is again decided as follows after pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2 of the Road Traffic Act and Articles 148-2 (2) 2 and 44 (1) of the same Act concerning the facts constituting an offense;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act that the defendant has no record of criminal punishment in the Republic of Korea, and that he/she would not drive drinking again;

In addition, there are favorable circumstances such as the reflection of the situation.

On the other hand, the defendant, on October 30, 2017, caused a contact accident by driving alcohol and caused criminal procedures.