A defendant shall be punished by imprisonment for two years.

However, for three years from the date this judgment becomes final and conclusive.

A. Each sentence imposed by the lower court on the Defendant (the first instance judgment: imprisonment with prison labor for six months, the second instance judgment: imprisonment with prison labor for one year and six months, and the suspension of execution for three years) is too unreasonable.

(b) The sentence sentenced to the Defendant by the first instance judgment (six months of imprisonment) of the Prosecutor is too unhued and unreasonable;

2. Prior to the judgment on the grounds for ex officio appeal, the defendant filed an appeal against the judgment of the court below Nos. 1 and 2. This court tried at a concurrent hearing of the above two appeals. Each of the crimes against the defendant in the first and second cases is a concurrent crime under the former part of Article 37 of the Criminal Act, and thus a single sentence should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained.

3. As such, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the criminal defendant and the prosecutor's improper assertion of sentencing, and the judgment below is reversed in entirety and it is again decided as follows through pleading.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the corresponding column of the first and second judgment, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2 (2) 2, Article 44 (1) of the Traffic Act, Article 152 subparagraph 1, and Article 43 of the Road Traffic Act, Article 350 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, Article 314 (1) of the Criminal Act, Article 366 of the Criminal Act concerning the crime;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.