All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

The Defendant appealed on the ground that the lower court’s punishment (the first instance judgment of KRW 1: Imprisonment with prison labor for six months and KRW 2: imprisonment with prison labor for one year) is too unreasonable.

Before determining the reasons for appeal, the health department and the defendant appealed the judgment of the court below Nos. 1 and 2, respectively, and this court tried by combining the two appeals cases. Since each of the offenses against the defendant Nos. 1 and 2 are concurrent offenses under the former part of Article 37 of the Criminal Act, the judgment of the court below should be sentenced to one punishment pursuant to Article 38(1) of the Criminal Act, it is impossible to maintain it as it is.

Since the judgment of the court below is reversed ex officio, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and it is again decided as follows.

Criminal facts

The main points of the judgment of the court below are as follows.

Application of Statutes

1. Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting the relevant crime; Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes; Articles 152 subparagraph 1 and 43 of the Road Traffic Act; Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Compensation for Automobile Damages;

1. Punishment provided for in Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment provided for in the crimes of violation of the Traffic Act by a person on January 16, 2018 and the crimes of violation of the Traffic Act by a person on January 16, 2018 and the crimes of violation of the Traffic Act by a person without a license), and punishment provided for in the crimes of violation of the traffic Act

1. Selection of each sentence of imprisonment;

1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes is that the defendant was punished for driving under drinking and that the amount of alcohol concentration in the blood of this case is higher, that the defendant did not appear even though he was aware that the trial is in progress due to drinking and driving without a license, and that he did not appear during that period, and that he was in accident due to drinking and driving without a license, and that the degree of injury suffered by the victim is weak