All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

1. Summary of grounds for appeal;

A. Each sentence (No. 1: imprisonment with prison labor for 10 months, and No. 2: imprisonment with prison labor for 2 months) imposed on the defendant by the judgment of the court below is too unreasonable.

B. The above sentence imposed by the first instance court on the Defendant is too unhued and unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant and the prosecutor ex officio, this Court tried to deal with each appeal case against the judgment of the court below, and each of the offenses against the defendant in the judgment of the court below are concurrent offenses under the former part of Article 37 of the Criminal Act, and should be punished as a single sentence within the scope of the term of punishment, which has increased concurrent offenses pursuant to Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained

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 and the prosecutor’s allegation of unfair sentencing, and it is again decided as follows.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of 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. Relevant legal provisions concerning facts constituting an offense, subparagraph 5 of Article 151-2 and Article 46-3 of the Road Traffic Act (the point of the operation in distress), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of the operation in drinking), Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of the operation in repeated drinking), Article 311 of the Criminal Act (the point of insult), the selection of imprisonment for a sentence;

1. The reason for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes shows the attitude of the defendant to repent and reflect his mistake, and some victims do not want the punishment of the defendant.