The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Of the facts charged in the instant case.

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (five years of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. An ex officio judgment prosecutor indicted the facts of the crime as indicated in the judgment of the court below and the facts of the violation of the Road Traffic Act (drinking) to the effect that he/she driven a Crane vehicle under the influence of alcohol level of 0.065% in blood at the time and place of the crime as stated in the judgment of the court below as a substantive concurrent crime. On October 16, 2015, the prosecutor applied for changes in the indictment to the effect that on October 16, 2015, the above violation of the Road Traffic Act (dacting driving) among the facts charged in the instant case on the fourth trial date of the court below as stated in the judgment of the court below, and as such, the indictment against the defendant is revoked.

In such a case, the court below notified only the decision to permit the modification of the indictment with regard to the application for the modification of the indictment, although it must decide to dismiss the indictment in accordance with Article 328 (1) 1 of the Criminal Procedure Act with regard to the revoked part of the indictment, and concluded the pleadings.

Therefore, the judgment of the court below is erroneous in the omission of judgment as to this part, and it cannot be reversed.

3. Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the above grounds for reversal ex officio. The judgment below is reversed, and the following is again decided after pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence acknowledged by this court is cited in accordance with Article 369 of the Criminal Procedure Act, inasmuch as the facts constituting an offense and the summary of evidence are identical to the facts stated in the judgment below, except that the defendant is "B" as "the defendant," as stated in Section 2 of the judgment of the court below.

Application of Statutes

1. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment.