A defendant shall be punished by imprisonment for not less than three years and six months.

2. Prior to the judgment on the grounds for appeal by the Defendant ex officio, the judgment of the first instance and the judgment of the second instance against the Defendant was rendered, and the Defendant filed each appeal against each of the above judgment of the lower court. This court decided to hold a joint hearing of the above two appeals cases. Since each of the crimes of the first and second judgment is concurrent crimes under the former part of Article 37 of the Criminal Act, the judgment of the lower court should be sentenced to a single sentence pursuant to Article 38(1) of the Criminal Act, and thus, it cannot be maintained.

3. Accordingly, 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 it is again decided as follows through the oral argument.

[Discied reasoning] Criminal facts and summary of evidence recognized by this court and summary of evidence are as stated in each corresponding column of the judgment below, and thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3(1), the proviso to Article 3(2)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 269 of the Criminal Act, Article 151 of the Road Traffic Act, Article 152 subparagraph 1, and Article 43 of the Road Traffic Act, Article 331-2 of the Criminal Act, Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 329 and 330 of the Criminal Act, Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 342 and 329 of the Criminal Act, Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act

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

1. Selection of each sentence of imprisonment;