All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for two years.

Summary of Grounds for Appeal

Each sentence of the first and second original judgment (the first original judgment: imprisonment with prison labor for one year and six months, and the second original judgment for six months) is too unreasonable.

Judgment

The defendant filed each appeal against the first and second original judgment, and this court decided to jointly examine each appeal case against each of the original judgment.

Since the facts constituting the crime of the first and second original judgment and the facts constituting the crime of the second original judgment are concurrent crimes under the former part of Article 37 of the Criminal Act, they should be judged at the same time and sentenced to a single punishment, the first and second original judgment cannot be maintained any more.

Therefore, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and it is again decided as follows, without examining the defendant's assertion of unfair sentencing, on the ground of the above ex officio reversal.

【Discied Judgment】 The criminal facts and summary of evidence against the defendant recognized by the court are identical to each of the corresponding columns of each judgment below. Thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose the penalty, Article 347 (1) of the Criminal Act and the choice of imprisonment, respectively;

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

1. Of concurrent crimes, the defendant, among concurrent crimes, committed the crime of this case during the period of repeated crimes due to the violation of the Road Traffic Act, as well as the crime of fraud under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the lowest penalty shall be aggravated: Provided, That the crime of concurrent crimes with higher punishment shall be the punishment prescribed for the crime of violation of the Road Traffic Act; hereinafter the same shall apply).

The defendant has a criminal record of a punishment, suspension of execution, and fine due to a crime of drinking alcohol driving (including a crime of refusal of drinking alcohol measurement), and in particular, during the period of a repeated crime due to the same crime.