All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. The summary of the grounds for appeal is unreasonable because each punishment of the lower court (No. 1: imprisonment with prison labor for 6 months and 6 months: imprisonment with prison labor for 6 months) is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, each appeal case against the defendant against the health team and each of the judgment below against the defendant was consolidated in the trial court, and the facts constituting the crime are concurrent crimes under the former part of Article 37 of the Criminal Act, and one punishment is imposed. Therefore, the judgment of the court below cannot be maintained any more in this respect.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act as there is a ground for ex officio reversal, 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 shown in the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act that choose the penalty, Articles 152 (1) and 43 of the Road Traffic Act (the point of sound driving, the choice of imprisonment), Article 152 (1) of the Road Traffic Act, and Articles 152 (1) and

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

1. It is recognized that the defendant's reason for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation (including favorable circumstances, etc. among the reasons for sentencing below) has a history of being punished several times as drinking driving, and that the crime of this case was committed during the period of suspended execution for the same crime.

However, the sentencing conditions in the records, such as the confession and reflect of the facts charged, the fact that the defendant's health is not good, and the situation of the defendant's each of the crimes of this case, shall be determined as ordered in full view of all the circumstances of sentencing as shown in the records, such as the circumstance, motive, mode of crime, age, character and conduct, environment, family relationship, etc.