A defendant shall be punished by imprisonment for not more than ten months.

A. The first instance court’s sentence (6 months of imprisonment and 2 years of suspended execution) of the Prosecutor is deemed to be too unhued and unfair.

B. Defendant 2’s punishment (limited to 8 months of imprisonment) is too unreasonable.

2. Before making ex officio judgment on the grounds for appeal by the prosecutor and the defendant, the judgment of the first instance court and the judgment of the second instance against the defendant was pronounced, and the prosecutor appealed against the judgment of the second instance, and the defendant filed an appeal against the judgment of the second instance, and the court decided to concurrently examine the above two appeals cases. The crimes of the first and second judgment against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one sentence should be imposed in accordance with 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 above ex officio grounds for reversal of sentencing by the prosecutor and the defendant, and the judgment below is reversed in entirety and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence against the defendant recognized by this court is identical to each corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes committed under each of the relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (1) 1 and 44 (1) of the Traffic Act on each Road;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (inter-Korean between the crimes in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving));

1. Selection of each sentence of imprisonment;

1. The punishment provided for in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the punishment shall be aggravated by concurrent crimes resulting from the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes with the largest punishment).