All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

1. The summary of the grounds for appeal (No. 1: imprisonment of 8 months and 2 months, and imprisonment of 8 months) of the lower court 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 the court decided to concurrently deliberate on the appeal against the judgment of the court below. Each of the offenses against the defendant is in concurrent crimes under the former part of Article 37 of the Criminal Act, and in accordance with Article 38(1) of the Criminal Act, each of the offenses against the judgment of the court below should be sentenced to a single sentence within the term of punishment aggravated for concurrent crimes, so the judgment of the court below cannot be maintained.

3. Accordingly, the judgment of the court below is reversed by its ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows through oral argument.

Criminal facts

The summary of the facts and evidence against the defendant recognized by the court is the same as the corresponding column of each judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving under the influence of sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act; and

1. A punishment provided for in Articles 40 and 50 (a punishment imposed for a violation of the Road Traffic Act as of September 17, 2013 and a violation of the Road Traffic Act as of September 17, 2013, a violation of the Road Traffic Act as of December 18, 2013 and a violation of the Road Traffic Act as of December 18, 2013, and a violation of the Road Traffic Act as of which punishment is heavier;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act [Violation of the Road Traffic Act, dated December 18, 2013, whichever is heavier, (a crime of running sound driving).