All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment with prison labor for a year and a fine of 600,000 won.

The defendant above.

1. The decision of the court below on the summary of the grounds for appeal (the first instance court: 4 months of imprisonment, the stay of execution 2 years, the second instance court: imprisonment with prison labor for 6 months, fines for 600,00 won, and the third instance: imprisonment with prison labor for 6 months) is too unreasonable;

2. The judgment of the court below on the defendant's ex officio judgment was rendered and the defendant filed an appeal, and the court decided to hold a joint hearing on all the above appeal cases. Since each of the offenses against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, the judgment of the court below should be sentenced to one punishment in accordance with Article 38 (1) of the Criminal Act, it is impossible to maintain it as it is.

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's unfair argument on sentencing, and it is again decided as follows.

Criminal facts

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

Application of Statutes

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes for the Selection of Punishment of Specific Crimes (the use of violence against the driver, the selection of imprisonment), Article 136 (1) of the Criminal Act (the use of interference with the performance of official duties, the selection of imprisonment), Article 3-3 (3) 1 of the Punishment of Minor Offenses Act (the use of disturbance for cancellation of the official seal, the selection of fines), Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act (the use of interference with the measurement of drinking and the selection of imprisonment);

1. Article 37 (former part), Article 38 (1) 2 and 3, and Article 50 of the Criminal Act to increase concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62(1) of the Criminal Act (see the following grounds for sentencing)

1. Article 62-2 (1) of the Criminal Act on the community service order;

1. The defendant was punished several times for sentencing of Article 334(1) of the Criminal Procedure Act.