All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

1. The summary of the grounds for appeal is too unreasonable that each punishment (one year of imprisonment with prison labor for the first instance court and six months of imprisonment for the second instance court) declared by the court below against the defendant is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant, the first and second court sentenced the defendant to the above punishment by examining the defendant ex officio before the judgment on the grounds for appeal by the defendant, and sentenced the defendant to the above punishment, and the defendant filed an appeal against each of the above judgment. The court below decided to hold concurrent hearings. The first and second court's offenses against the defendant are concurrent offenses under the former part of Article 37 of the Criminal Act and must be sentenced to a single sentence within the scope of the term of punishment subject to aggravated concurrent offenses under Article 38 (1) of the Criminal Act. Thus, the first and second court's judgment cannot escape from reversal.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant, and it is again decided as follows after the 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, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act that choose the penalty, Articles 152 (1) and 43 of the Road Traffic Act (the point of sound driving, the choice of imprisonment), Article 152 (1) of the Road Traffic Act, and Articles 152 (1) and

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

1. Among concurrent crimes, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (aggravating concurrent crimes to the extent that punishment is added to the long-term punishment for the violation of the Road Traffic Act with heavier penalty) has several records of being punished for the same crime.