All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. Summary of grounds for appeal;

A. The Prosecutor’s grounds for appeal (unfair sentencing) of the first instance court’s sentence (one year of imprisonment, two years of suspended sentence, one hundred and twenty hours of community service, and forty hours of lectures of compliance driving) is too uneasy and unreasonable.

B. The Defendant’s appeal ground (unfair sentencing) 2nd instance court’s punishment (6 months of imprisonment) is too unreasonable.

2. Before making ex officio decisions on the grounds for appeal by the prosecutor and the defendant, the prosecutor appealed against the judgment of the court of first instance, and the defendant appealed against the judgment of the court of second instance, and the court of second instance decided to concurrently examine the above two appeals cases. The crimes in the judgment of the court of first and second instance against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, and should be sentenced to a single sentence in accordance with Article 38(1) of the Criminal Act. Thus, the judgment of the court of first and second instance cannot be maintained as they are.

3. If so, the judgment of the court below Nos. 1 and 2 is reversed ex officio as seen above, and the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining each of the unfair arguments by the prosecutor and the defendant, and it is again decided as follows after pleading.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the corresponding column of each judgment of the court below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (a punishment provided for in a crime of violating the Traffic Act of December 4, 2016, a violation of the Road Traffic Act of December 4, 2016, a violation of the Road Traffic Act of December 4, 201, a violation of the Road Traffic Act of December 4, 2016, and a punishment imposed on a violation of the Road Traffic Act of December 4, 2016);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.