All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for two years.

1. The summary of the grounds for appeal is too unreasonable that each of the original judgments (the first instance court: 2 years, and the second instance court’s imprisonment: 6 months) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant's ex officio, the first and second court's judgment against the defendant was pronounced, and the defendant filed an appeal against them, and this court decided to hold concurrent hearings of the above two appeals cases. Since the first and second court's judgment against the defendant is in a concurrent relationship with the defendant under the former part of Article 37 of the Criminal Act, one punishment should be imposed pursuant to Article 38 (1) of the Criminal Act, the first and second court's judgment cannot be maintained as it is.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, without examining the Defendant’s assertion of unfair sentencing, on the grounds of ex officio reversal as seen above. The judgment below is reversed in entirety, and it is again decided as follows.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is the same as that of the judgment below, and thus, the summary of evidence is citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol), Article 232-2 of the Criminal Act (the point of driving under influence of alcohol), Articles 234 and 232-2 of the Criminal Act, the choice of imprisonment for each of the types of crime;

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

1. Of concurrent crimes, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances and the Defendant’s age, character and conduct, environment, family relationship, motive, circumstance, means and consequence of the crime, and the circumstances after the crime.

Unfavorable circumstances: The defendant is a crime of violation of the Road Traffic Act.