All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment with prison labor of one year and four months and a fine of one million won.

The defendant above.

1. The summary of the grounds for appeal is too unreasonable that each of the judgments of the court below (the first instance judgment: imprisonment with prison labor for 1 year and 6 months, and the second instance judgment: imprisonment with prison labor for 8 months and fine for 1 million won) is too unreasonable.

2. The judgment of the court below ex officio prior to the judgment on the grounds for appeal by the defendant for ex officio determination, and each appeal was filed after the judgment of the court below was rendered separately, and this court decided to hold concurrent hearings of each of the above appeal cases. Since each of the offenses of the court below is concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment shall be sentenced in accordance with Article 38(1) of the Criminal Act, and in this respect, the judgment

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 ground that the above reasons for reversal of authority are the above, and it is again decided as follows.

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

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1), 44 (1) and (2) of the Road Traffic Act, the choice of punishment, the choice of imprisonment, Article 136 (1) of the Criminal Act, Article 39 (3) and Article 9-2 (1) 5 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders;

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

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Articles 70 (1) and 69 (2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order is examined, and driving under the influence of alcohol in violation of the Road Traffic Act of the same type as this case.