All judgment of the court below shall be reversed.

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

1. Summary of grounds for appeal;

A. The decision of the first instance trial of the prosecutor (the imprisonment of eight months, the suspension of the execution of two years, and the order to attend a law enforcement lecture 40 hours) is too uneasible and unfair.

B. Defendant 1) Defendant 2 had mental and physical weakness under the influence of alcohol at the time of committing a crime stated in the facts constituting the crime of the lower judgment.

2) The punishment of the second instance judgment (one year of imprisonment) which was unfair in sentencing (one year of imprisonment) is too unreasonable.

2. Each appeal case against the judgment of the court below against the defendant was consolidated in the first instance court, and the facts constituting the crime are concurrent crimes under the former part of Article 37 of the Criminal Code, and one sentence should be sentenced to it. In this regard, the judgment of the court below cannot be maintained any more.

In light of the circumstances leading up to each of the instant crimes, the details of the crime, the Defendant’s attitude, and the circumstances before and after the crime, etc., the Defendant was in a state of lacking ability to discern things or make decisions, as it still lacks the ability to discern things or make decisions.

It is not recognized.

This part of the defendant's assertion is without merit.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act as there is a ground for reversal ex officio, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2 (2) 1, Article 44 (1) of the Traffic Act (the point of drinking), Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 257 (1) of the same Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Imprisonment with prison labor for each choice of punishment;