All the judgment below is reversed.

A defendant shall be punished by imprisonment for two years.

1. Summary of grounds for appeal;

(a) The sentencing of the accused (the first instance court: One year of imprisonment);

(b) The prosecutor's sentencing division and police officer (the second instance court: one year of imprisonment, two years of suspended execution, 40 hours of the compliance driving lecture, 120 hours of the community service order);

2. On the defendant, the first and second original judgments are sentenced to each of the judgment below, and the defendant and the prosecutor filed an appeal against each of the above two appellate cases, and the court decided to concurrently examine the above two appellate cases. Since the crimes of the first and second original judgments against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act and it is reasonable to sentence one punishment pursuant to Article 38(1) of the Criminal Act, the first and second original judgments should be reversed.

3. Thus, the first and second judgments of the court below are reversed under Article 364(2) of the Criminal Procedure Act without examining the defendant and the prosecutor's respective arguments of unfair sentencing, and they are again decided as follows.

[Grounds for the judgment of multiple court] The summary of facts constituting a crime and evidence recognized by the court is as follows: The summary of facts constituting a crime and evidence is as stated in the corresponding column of the first and second original judgment except where the "under the influence of alcohol even if they violate two or more times" and "under the influence of alcohol" is deemed "under the influence of alcohol by violating two or more times."

(Article 369 of the Criminal Procedure Act). Application of law

1. Subparagraph 1 of Article 152 of the relevant Act on the Punishment, etc. of Specific Crimes and Articles 152 and 43 of the Road Traffic Act (the point of driving without a license) and Articles 148-2 (2) 1 and 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018 and enforced June 25, 2019); Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the point of driving without a license); Articles 5-1 (the point of driving without a license) of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 16922, Feb. 4, 2020)

1.Article 40 of the Criminal Code of Trade and Trade.