The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Provided, That the above punishment shall be imposed for four years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for not less than 4 years, 2 years of probation, 120 hours of community service work, 40 hours of compliance driving) of the lower court is deemed to be too uneasible and unfair.

2. Prior to the judgment on the grounds for appeal by the prosecutor ex officio, the prosecutor applied for changes in the name of the crime against the defendant such as violation of the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) to "Special Destruction and Damage," and the applicable provisions of the Act to "Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act and Article 366 of the Criminal Act" and "Articles 369(1) and 366 of the Criminal Act" among the facts charged in violation of the Road Traffic Act (driving) and Articles 4 and 8 of the Road Traffic Act "under the influence of under the influence of under the influence of under the influence of under the influence of under the influence of alcohol concentration of 0.05% or more of the blood alcohol concentration," and the judgment of the court below was changed to the subject of the judgment by permitting it.

3. Accordingly, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, on the grounds of ex officio reversal, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is identical to each corresponding column, except that the facts charged in the judgment below's 4 and 8 "incompetence" as "0.05%" and each corresponding column is the same. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Road Traffic Act and Articles 148-2 (2) 3 and 44 (1) of the Act on the Punishment of Violences, etc., Articles 3 (1) and 2 (1) 3 of the Act on the Punishment of Violences, etc., Article 257 (1) of the Criminal Act, Articles 369 (1) and 366 of the Criminal Act concerning the crime, the choice of punishment for the crime, and the choice of punishment, respectively.