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

A defendant shall be punished by imprisonment for three years.

1. Summary of grounds for appeal;

A. The punishment of the second original judgment against the defendant (two years and six months of imprisonment) is too unreasonable.

B. The penalty of the first instance judgment against the Defendant by the Prosecutor (a fine of KRW 10 million) is too unhued and unreasonable.

2. Each judgment of the first and second original courts on the defendant's ex officio judgment is pronounced, and the defendant filed an appeal against the second original judgment, and this court decided to hold a joint hearing on the above two appeals. Each of the crimes in the first and second original judgments against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act and a single sentence should be imposed pursuant to Article 38 (1) of the Criminal Act. Thus, the first and second original judgments cannot be maintained as they are.

3. If so, the first and second original judgments are based on the above grounds for reversal, and thus, without examining the above grounds for reversal of unfair sentencing by the defendant and the prosecutor, the first and second original judgments are reversed pursuant to Article 364(2) of the Criminal Procedure Act, and they are again decided as follows.

【Reason used in multi-level] Criminal facts and summary of evidence recognized by the court and summary of the facts constituting the crime and summary of evidence are the same as stated in the corresponding column of the first and second original judgment, and thus, they shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 137 of the Criminal Act for the crime concerned; Articles 148-2 (1) and 44 (1) of the Road Traffic Act (a point of drinking) of the same Act; subparagraphs 1 and 43 of Article 152 of the Road Traffic Act for each of the crimes;

1. Articles 40 and 50 (trade between the crimes of violation of the Road Traffic Act on December 15, 2019 and the crimes of violation of the Road Traffic Act (free License) and the crimes of violation of the Road Traffic Act on March 24, 2020) of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;