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. The summary of the grounds for appeal (the first judgment: imprisonment with prison labor for six months and two years of suspended execution, probation, community service order, and the second judgment: imprisonment with prison labor for one year) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the defendant filed an appeal against the judgment of the court below, and the arguments were combined in the trial. Each of the crimes that the judgment of the court below rendered are concurrent crimes under the former part of Article 37 of the Criminal Act and should be sentenced to a single punishment pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below that sentenced a separate punishment for each of the above crimes cannot be maintained in this respect.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the sentencing of the defendant on the grounds of ex officio reversal, and it is again decided as follows through the pleading.

[Discied Judgment] Criminal facts and summary of evidence recognized by this court and summary of evidence are the same as that stated in each corresponding column of the judgment below, and thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act (mutually between the crimes of violation of the Road Traffic Act due to the influence of alcohol on October 24, 2018 and the crimes of violation of the Road Traffic Act) of the ordinary concurrent crimes;

1. Selection of each sentence of imprisonment;

1. The reason for sentencing Article 37(1), Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders committed the instant crime, even though the Defendant had previously been sentenced to a fine on three occasions due to drunk driving, again committed the instant crime.

In particular, the defendant's point of drinking driving on October 24, 2018 of this case was July 29, 2018.