All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, from the final date of this judgment.

1. The punishment (the first instance court: the imprisonment of 1 year and 6 months, and the second instance court: the imprisonment of 6 months) of the lower court is too unreasonable; and

2. Prior to the judgment on the grounds for appeal ex officio, the appeal case against the judgment below was consolidated by examining ex officio prior to the judgment on the grounds for appeal for ex officio judgment. Each of the offenses in the judgment below is a concurrent offense relationship 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 for concurrent offenses pursuant to Article 38(1) of the Criminal Act. Therefore, all of the judgment below shall

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the Defendant’s assertion of unfair sentencing, and the following is again decided through oral argument.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the corresponding columns of each judgment of the court below, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, Article 144 (1) of the Criminal Act, Article 136 (1) of the Criminal Act, Article 141 (1) of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, Article 151 of the Road Traffic Act, Article 151 of the Road Traffic Act, for criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor as to the selective driving of a punishment, the point of special obstruction of performance of official duties, and taking measures to avoid damage, and appointment of imprisonment without prison labor as to the damage of property by occupational negligence;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the Defendant, while driving under the influence of alcohol by blood alcohol concentration of 0.168%, tried to stop the operation.