All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

1. Each sentence (the first instance court: 6 months of imprisonment with prison labor and 6 months of imprisonment with prison labor for 2 months) imposed on the accused by the first and second instance court on the summary of the reasons for appeal is unreasonable because it is too unreasonable.

2. Prior to the judgment on the grounds for ex officio appeal, this Court tried by combining the appeal cases against the judgment of the court below Nos. 1 and 2, and each of the offenses in the judgment of the court of first instance and the judgment of the court of second instance in the judgment of the court of second instance are concurrent offenses under the former part of Article 37 of the Criminal Act, and should be punished as a single sentence within the scope of the term of punishment aggravated for concurrent offenses in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment of the court below against the defendant cannot be exempted from all reversal.

3. If so, the judgment of the court below is reversed under Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and it is again decided as follows.

Criminal facts

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

Application of Statutes

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking), Article 148, Article 54 (1) of the Road Traffic Act (the point of non-measures after traffic accidents), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment imposed on a person on February 13, 2016, who violates the Traffic Act of the Republic of Korea, a violation of the Traffic Act of the Republic of Korea, or a violation of the Traffic Act of the Republic of Korea, or a punishment imposed on a violation of the Road Traffic Act of the heavier punishment);

1. Selection of each sentence of imprisonment;

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act is that the defendant confessions and reflects the facts constituting an offense, and that he/she is on February 13, 2016.