All judgment of the court below shall be reversed.

Defendant shall be punished by imprisonment for not less than two years and six months.

1. Summary of grounds for appeal;

A. Each punishment sentenced by the lower court (No. 1 year, and 1 year and 6 months, imprisonment with prison labor for the first instance court) is too unreasonable.

B. It is unfair that each of the punishments (as seen earlier, 1 year and 6 months of imprisonment, 2 year of suspended execution) declared by the prosecutor by the court below (as seen in the above, 1 year and 6 months of imprisonment, and 2 years of suspended execution) is too unflu

2. Judgment on the grounds for appeal by the defendant and prosecutor ex officio shall be examined ex officio.

The appeal case against the judgment below was combined in the trial of the court below. Each of the offenses against the defendant in the judgment of the court below is concurrent offenses under the former part of Article 37 of the Criminal Act, and the punishment shall be imposed with a single sentence within the scope of punishment aggravated by concurrent offenses in accordance with Article 38(1) of the Criminal Act. Thus, the judgment of the court below shall be reversed.

3. 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 of the judgment below, and following a new decision is rendered by the defendant and the prosecutor on the grounds of unfair sentencing.

[Discied Judgment] The facts constituting an offense and the summary of evidence recognized by the court are identical to the facts constituting an offense and the summary of evidence. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of Articles 148-2 (1) and 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;

1. Selection of imprisonment for each sentence of Articles 40 and 50 [the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act in the case of 2020No1853] of the Commercial Concurrent Crimes, and the punishment prescribed by the crimes of violation of the Road Traffic Act with heavier punishment] of the Criminal Act;

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders are as follows: Defendant is driving under the influence of alcohol on October 25, 2019.