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All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for one year.
Reasons
1. The summary of the grounds for appeal (No. 1: Imprisonment with prison labor for 8 months and 8 months: imprisonment with prison labor for 8 months) declared by the court below is too unreasonable.
2. Prior to the judgment on the grounds for appeal ex officio, the defendant filed an appeal against the judgment of the court below, and this court decided to hold concurrent hearings of the above two appeals cases. Since each of the offenses against the defendant in the first and second judgment is concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be imposed pursuant to Article 38(1) of the Criminal Act, the judgment of the court below cannot be maintained as it is.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, without examining the defendant's assertion of unfair sentencing, on the grounds of the above ex officio reversal, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by the court are identical to the facts charged and the summary of the evidence, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes for the crime, Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act (the point of driving under the influence of alcohol on September 13, 2014), Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act (the point of driving under the influence of alcohol on December 7, 2014), subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act (the point of driving without the license)
1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (Article 40 and Article 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes against Victims E and G, the punishment imposed on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes against Victims E with heavy criminal penalty, the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes against Victims E with heavy criminal penalty, the violation of the Road Traffic Act of December 7, 2014 and the violation of the Road Traffic Act.