All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 8 months and imprisonment with prison labor for 1 year) of the lower court is too unreasonable.

2. The appeal case against the judgment below was consolidated in the judgment of the court of ex officio reversal following the consolidation, and each crime of the judgment below constitutes concurrent crimes under the former part of Article 37 of the Criminal Act and thus, one punishment should be imposed in accordance with Article 38 of the Criminal Act. Thus, the judgment of the court below cannot be maintained any longer

Therefore, without examining the Defendant’s assertion of unfair sentencing, all the judgment of the court below under Article 364(2) of the Criminal Procedure Act is reversed, and the following judgment is rendered through pleading.

【Grounds for the Judgment of the Supreme Court which has been written] The facts constituting a crime and summary of evidence recognized by the court are identical to the facts constituting a crime and summary of evidence, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) 1, 44 (1), 148-2 (1) 2, and 44 (2) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment with prison labor for each of the following:

1. Of concurrent crimes, the sentence imposed twice on the defendant for the reason of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act was committed, and the defendant committed the instant violation of the Road Traffic Act on October 28, 2018 when eight months have passed since the suspended sentence of imprisonment was finalized on February 7, 2018 due to the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (traffic Assault). The defendant committed the instant violation of the Road Traffic Act on November 11, 2018 immediately thereafter; the defendant committed the instant violation of the Road Traffic Act on November 11, 2018; the defendant's blood alcohol concentration high in relation to the Defendant's violation of the Road Traffic Act (driving) and the Defendant's age, character, environment, etc. were considered.