All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

1. Summary of grounds for appeal;

A. The sentence of the judgment of the court below (the judgment of the court below No. 1: imprisonment of 1 year and 2: imprisonment of 1 year and 3 months) is too unreasonable.

(b) the sentence of the first original judgment of the Prosecutor is too unfilled and unreasonable;

2. Before making ex officio judgment on the grounds for appeal by the Defendant and the prosecutor, this Court tried by combining each of the appeals cases against the lower judgment. Each of the offenses of the lower judgment is concurrent crimes under the former part of Article 37 of the Criminal Act, and a sentence should be imposed in accordance with Article 38(1) of the Criminal Act. In this regard, the lower judgment cannot be exempted from all of its reversal.

3. As such, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, without examining the above ex officio reversal grounds, and the judgment below is reversed in entirety, and it is again decided as follows.

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are identical to each corresponding part of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act (the point of fraud), Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

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

1. Selection of each sentence of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reason for sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 (only to the extent that the punishment is added up to the maximum period of concurrent crimes as set forth in the heavier criminal fraud) of the Criminal Act.