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 of the lower court’s prosecutor (the first instance judgment: the fine of KRW 10 million, and the second instance judgment: the imprisonment of KRW 6 months) is too uneased and unreasonable.

B. The punishment of the lower judgment by Defendant 2 is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal.

As the judgment of the court below against the defendant, the prosecutor filed an appeal against the judgment of the court of second instance against the judgment of the court of second instance, and the court of second instance decided to hold concurrent hearings against the above two appeals. Since each of the offenses against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act and a single sentence should be imposed in accordance with Article 38(1) of the Criminal Act, the judgment of the court below against the defendant cannot be exempted from all reversal.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the grounds for ex officio reversal, and the judgment below is again decided as follows.

Criminal facts

The summary of facts constituting the offense and evidence recognized by the court as described in this Court shall be as shown in the corresponding columns of the judgment below.

(Article 369 of the Criminal Procedure Act). Application of law

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. Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment imposed on a violation of the Road Traffic Act as of June 26, 2014 and a violation of the Road Traffic Act as of December 13, 2014, a violation of the Road Traffic Act as of December 13, 2014 and a violation of the Road Traffic Act as of December 13, 2014, and a punishment imposed on a violation of the Road Traffic Act as of which punishment is heavier;

1. Selection of each sentence of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. The Criminal Act among concurrent crimes.