We reverse the judgment of the court below.

A defendant shall be punished by imprisonment for one year.

1. Summary of grounds for appeal;

A. The Prosecutor’s first decision to suspend the execution of imprisonment for six months (two years of probation, 80 hours of community service, and 40 hours of compliance driving for 6 months) is too uneasible and unfair.

B. The punishment of Defendant 2’s original adjudication (one year of imprisonment) is too unreasonable.

2. Ex officio prior to judgment on the grounds for appeal by the public prosecutor and by the defendant.

The judgment of the court of first instance and the judgment of the court of second instance rendered against the defendant, and the prosecutor filed an appeal against the judgment of the court of second instance on the grounds of unfair sentencing, and the court of second instance decided to concurrently examine the above two appeals cases. Each crime of the judgment of second instance against the defendant in the relation of concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one punishment should be imposed in accordance with Article 38(1) of the Criminal Act. Thus, the judgment of the court of first instance cannot be maintained.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without having to make a judgment on the unfair argument of sentencing by the prosecutor and the defendant, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (a punishment provided for in the crimes of violation of traffic laws by each day and the crimes of violation of traffic laws by each road, and a punishment provided for the crimes of violation of traffic laws with heavier punishment);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.