All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

The summary of the grounds for appeal (unfair sentencing) that the court below rendered against the defendant (the court below's judgment of 1: imprisonment with prison labor of 1 year and 2: imprisonment with prison labor of 1 year and 1 year and 4 months) is too unreasonable.

Before the judgment on the grounds for appeal by the defendant's ex officio, the court of first instance decided to jointly examine the case of appeal by the court below against the defendant. Since each of the crimes in the judgment of the court below is concurrent crimes under the former part of Article 37 of the Criminal Act and a single sentence should be sentenced in accordance with Article 38 (1) of the Criminal Act, the judgment of the court below cannot be maintained in its entirety.

Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed in entirety, and it is again decided as follows through pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to 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 and Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 3 (1), the proviso to Article 3 (2) 7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment on August 15, 2015) (a punishment on a violation of the Road Traffic Act and a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving), a punishment on a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, a punishment on a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and a punishment on a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against I of a victim with heavy circumstances);

1. Imprisonment with prison labor for a crime of violating Road Traffic Act due to selective driving of alcohol;