The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the above punishment for a period of two years from the date this judgment becomes final and conclusive.

1. The main point of the grounds for appeal is that the lower court’s punishment (the imprisonment of eight months, the suspension of the execution of two years, the observation of protection, and the order to attend lectures for alcohol addiction treatment of 40 hours) is too unfeasible and unreasonable.

2. According to the records of this case’s judgment ex officio, the Defendant was sentenced to a suspended sentence of two years in October, 2016, a community service order, and an order to attend a law-abiding driving lecture, and the above judgment became final and conclusive on January 21, 2017, for the following reasons: (a) the Defendant committed a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (or a death or injury prior to the risk of death) and a violation of the Road Traffic Act; (b) the Defendant was sentenced to a suspended sentence of two years in prison, a community service order, and an order to attend a law-abiding driving lecture on October.

Therefore, the crime for which judgment has become final and conclusive and each of the crimes of this case shall be sentenced to punishment for each of the crimes of this case by taking account of the equity in the case where the judgment is to be rendered simultaneously in accordance with the main sentence of Article 39(1) of the Criminal Act, inasmuch as the crimes of this case are concurrent crimes after Article 37 of the Criminal Act, the judgment of the court below cannot be maintained.

3. Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment of the court below is reversed, and it is again decided as follows after pleading.

[Re-written judgment] The summary of criminal facts and evidence admitted by the court is the first head of the judgment of the court below, and the judgment of the court below became final and conclusive on January 21, 2017, when the defendant was sentenced 2 years of suspended execution, community service order, and lecture order to comply with the law in October 1, 2016 as imprisonment with labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Dangerous and Death or Injury caused before danger) and for the violation of the Road Traffic Act (Drink 1333).

“A previous conviction in the judgment of the court below” is the same as stated in the corresponding column of the judgment of the court below, except for adding “1. A previous conviction in the judgment of the court below” to “a defendant’s oral statement at the court below and the search of the Supreme Court case,” and thus, it is by Article 369 of the Criminal Procedure Act.