All judgment of the court below shall be reversed.

Defendant shall be punished by imprisonment for a term of two years and two months.

1. Summary of grounds for appeal;

A. The punishment of the lower judgment by Defendant 2 (two years of imprisonment) is too unreasonable.

B. The sentence of the first instance judgment by the prosecutor (one year and four months of imprisonment, two years of suspended execution) is too unhued and unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, this Court tried by examining each appeal case against the judgment of the court below jointly. Each of the offenses of the judgment of the court below is concurrent crimes under the former part of Article 37 of the Criminal Act, and a single sentence should be imposed in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be exempted from reversal.

3. If so, the judgment of the court below is based on the above reasons for ex officio reversal. Thus, without examining the argument of unfair sentencing by the defendant and the prosecutor, all of the judgment below under Article 364 (2) of the Criminal Procedure Act are reversed ex officio and it is again decided as

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Road Traffic Act and Articles 148-2 (1) and 44 (1) of the Act on the Guarantee of Automobile Accident Compensation (the point of operating a motor vehicle which is not mandatory insurance and the choice of imprisonment), Article 151 of the Road Traffic Act (the point of causing damage to property by negligence, the selection of imprisonment without prison labor), Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act and the main sentence of Article 8 (the choice of imprisonment with prison labor) of

1. Of concurrent crimes, the reason for sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act recognizes the Defendant to commit the instant crime, and the fact that the Defendant has no criminal record of imprisonment without prison labor is favorable to the Defendant.

On the other hand, the blood alcohol level at the time of the defendant is very high, and the defendant is driving under drinking several times.