All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

1. The summary of the grounds for appeal is that the sentence imposed by the lower court on the Defendant (one year of imprisonment, two years of probation, 40 hours of community service order, 40 hours of lecture order for compliance driving, 40 hours of lecture order for compliance driving, 8 months of imprisonment) is too unreasonable.

2. The defendant, ex officio, filed an appeal against the judgment of the court below Nos. 1 and 2 and tried by combining them in the trial. The criminal facts of each of the above cases are concurrent crimes under the former part of Article 37 of the Criminal Act, and a single sentence shall be imposed within the scope of the term of punishment increased by concurrent crimes in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained.

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 of sentencing, and the judgment below is reversed in entirety, and the following is again decided after pleading.

[Grounds for the new judgment] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting the crime and summary of evidence, and the summary of evidence is identical to each corresponding column of each judgment of the court below, thereby citing them as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2 subparag. 2 and subparag. 44-2 of the Road Traffic Act (the refusal of measurement by drinking), Article 136 subparag. 1 of the Criminal Act (the obstruction of performance of official duties), Article 148-2 subparag. 1 and Article 44(1) of the Road Traffic Act (the occupation of driving under drinking), Articles 152 subparag. 1 and 43 of the Road Traffic Act concerning the crime;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);

1. Selection of each sentence of imprisonment;

1. Article 37 (former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Criminal Act [the punishment shall be the penalty stipulated by the crime of interference with the execution of the heavier official duties.]