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

A. The lower court’s sentencing (two months of imprisonment and two years of suspended execution) of the Prosecutor’s Second Instance is too unfluent and unfair.

B. The lower court’s sentencing (eight months of imprisonment) by Defendant 1 is too unreasonable.

2. The court of original judgment No. 1 and No. 2 sentenced the defendant to each of the above two appeals cases after completing a separate hearing as to the judgment of the court of original judgment No. 1 and No. 2. The defendant filed an appeal against the judgment of the court of first instance against the judgment of the court of first instance, and the court of first instance decided to consolidate the above two appeals cases.

The first and second original judgments against the defendant should be sentenced to a single sentence in relation to concurrent crimes under the former part of Article 37 of the Criminal Act. Thus, the lower judgment against the defendant should be reversed in its entirety.

3. As such, without examining the grounds for appeal on the grounds of unfair sentencing by the prosecutor and the defendant, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the following is again decided through pleading.

The judgment of the court below is the same as the corresponding column of the judgment of the court below in the summary of facts constituting a crime and evidence.

Application of Statutes

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of sound driving), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the point of without a license for driving), Article 3 (1), the proviso of Article 3 (2) and Article 3 (7) of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Commercial Concurrent Criminal Act [each punishment imposed on the violation of the Road Traffic Act as of February 6, 2012 and the violation of the Road Traffic Act as of February 6, 2012 and the Act on Special Cases concerning the Settlement of Traffic Accidents, between the crimes of violating the Act on Special Cases concerning the Settlement of Traffic Accidents, with heavier punishment and the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against K of the victim with the largest criminal situation];

1. The crime of violation of the Road Traffic Act by choosing the punishment, and the crime;