The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

1. The summary of the grounds for appeal (the first instance judgment: the imprisonment of 8 months), the lower court’s punishment (the two-year probation period, the observation of protection, community service, the lecture course of compliance and the second instance: the one-year probation period in the fourth month: the one-year period of imprisonment) is too unfiened and unfair;

2. Prior to the judgment on the grounds for appeal by the prosecutor ex officio, this Court decided to consolidate the appeal cases against the judgment below, and the judgment of the court below against the defendant is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, and a single sentence should be sentenced within the term of punishment for aggravated concurrent crimes in accordance with Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained any more.

3. As such, the judgment of the court below is reversed ex officio pursuant to 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 through pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license) and Article 260 (1) of the Criminal Act concerning the facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);

1. Selection of each sentence of imprisonment;

1. The aggravated punishment for concurrent crimes: the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the aggravated punishment for concurrent crimes concerning a violation of Road Traffic Act with heavy punishment)

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protection observation;