A defendant shall be punished by imprisonment for one year.

except that this judgment.

A. The judgment of the court below against the defendant (the first judgment of the court below: 4 months of imprisonment, 1 year of suspended sentence, 40 hours of order to attend a course, 20 hours of imprisonment: 4 months of suspended sentence, 1 year of suspended sentence and 40 hours of order to attend a course) is too unreasonable.

B. The sentence of the first and second original judgment against the prosecutor's defendant is too unhued and unreasonable.

2. The first and second original judgments were pronounced on the defendant for ex officio judgment, and each defendant and the prosecutor filed an appeal against them. This court decided to hold a joint hearing of the above two appeals. Each of the crimes in the first and second original judgments against the defendant is concurrent crimes under Article 37 of the Criminal Act, and one sentence should be pronounced pursuant to Article 38(1) of the Criminal Act. Thus, the first and second original judgments cannot be maintained as they are.

3. If so, the first and second original judgments are based on the above grounds for the reversal of authority. Thus, without examining the above grounds for the dismissal of unfair sentencing by the defendant and the prosecutor, the first and second original judgments are reversed pursuant to Article 364(2) and (6) of the Criminal Procedure Act, and they are again decided following pleadings.

【Reason used in multi-level] Criminal facts and summary of evidence recognized by the court and summary of the facts constituting the crime and summary of evidence are the same as stated in the corresponding column of the first and second original judgment, and thus, they shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act on the Crime and the Selection of Punishment, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, and the Selection of Imprisonment with prison labor;

1. Grounds for sentencing under Article 62-2 of the Criminal Act among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The scope of applicable sentences under law: Imprisonment for one month to one year and six months; and

2. The above circumstances and the defendant's age, character and conduct, environment, family relationship, motive, means and result of the crime, and the circumstances after the crime are committed.