A defendant shall be punished by imprisonment for a term of one year and two months.

A. Each sentence (the first instance judgment: imprisonment with prison labor for 10 months, and the second instance judgment: the fine of 1.5 million won) imposed on the Defendant by the lower court is too unreasonable.

B. Each sentence imposed by the prosecutor by the court below on the defendant is too unhued and unreasonable.

2. Prior to the judgment on the assertion of unfair sentencing by the defendant and the prosecutor, the defendant and the prosecutor filed an appeal against all of the judgment of the court below of this case and joined arguments in the trial court. Since each of the crimes of the judgment of the court of first instance and the judgment of the court of second instance are concurrent crimes under the former part of Article 37 of the Criminal Act, they should be judged simultaneously and sentenced to a single punishment. Thus, all of the judgment of the court below cannot be maintained.

3. Accordingly, the judgment of the court below is reversed under Article 364(2) of the Criminal Procedure Act without examining the Defendant and the prosecutor’s allegation of unfair sentencing, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148 and Article 54(1) of the Road Traffic Act applicable to the crime, subparagraph 1 of Article 148-2, Article 44(1) of the former Road Traffic Act (amended by Act No. 10790, Jun. 8, 201); Article 152 Subparag. 1, and Article 43 of the former Road Traffic Act (amended by Act No. 10790, Jun. 8, 201); Article 257(1) of the Criminal Act; Article 151 of the Road Traffic Act; Article 231 of the Criminal Act; Articles 234 and 231 of the Criminal Act; Article 34 of the former Criminal Act (amended by Act No. 10790, Jun. 8, 201); Article 37 subparag. 10 (Unlawful Use of Resident Registration Numbers) of the Resident Registration Act;

1.Article 40 of the Criminal Code of Trade and Trade.