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

2. We examine ex officio the grounds for appeal prior to the judgment ex officio.

The court of the first and second trials decided to jointly examine the appeal cases of the first and second judgment against the defendant.

Each crime of the judgment below is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, and should be punished as a single sentence within the scope of the term of punishment increased by concurrent crimes in accordance with Article 38(1) of the Criminal Act.

In this respect, all the judgment of the court below cannot be reversed.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 324(2) and (6) of the Criminal Procedure Act without examining the Defendant’s allegation of unfair sentencing, and the judgment below is reversed in its entirety, and the following is again decided upon the oral argument.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3(1) and the proviso to Article 3(2)1 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act, Article 46(2)2 and Article 8 of the Guarantee of Automobile Accident Compensation Act, Article 257(1) of the Criminal Act, Articles 144(1) and 136(1) of the Criminal Act, Article 151(1) of the Criminal Act (the occupation of delivery and the choice of imprisonment);

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the accused does not commit each crime in bad faith or on a planned basis, with the reason for sentencing as prescribed in the former part of Article 37, Articles 38(1)2 and 38(2), and 50 (Aggravation of Concurrent Crimes of Obstruction of Performance of Special Duties) of the Criminal Act.