All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. The main points of the grounds for appeal are that the punishment (No. 1 and No. 2: Imprisonment with prison labor for each of the six months) imposed by the court below is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the defendant filed an appeal against each judgment of the court below, and this court decided to hold concurrent hearings of each case of appeal against each judgment of the court below. Each of the offenses against the defendant in the judgment of the court below is a concurrent crime under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of the term of punishment subject to aggravated concurrent crimes in accordance with Article 38(1) of the Criminal Act. Thus, the above judgment of the court below cannot be exempted from all of its reversal.

3. As such, the judgment of the court below is reversed in its entirety pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and the judgment below is reversed and it is again decided as follows.

[Judgment] The summary of the facts constituting an offense and the evidence admitted by the court and the summary of the evidence are as follows: (a) the facts constituting an offense of the second judgment and the summary of the evidence are as stated in each corresponding column, except for the deletion of “a person who is sentenced to six months of imprisonment for a violation of road traffic law (toxicated driving) at the Ulsan District Court on June 18, 2015” under Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 40 and 50 (Punishment of a violation of traffic laws on each road, a violation of traffic laws on each road, a violation of traffic laws on each road, and a violation of traffic laws on each road with heavier punishment);

1. Selection of each sentence of imprisonment;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Code of Aggravation of Concurrent Crimes.