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

A. Each sentence sentenced to the defendant in the judgment of the court below (No. 1: imprisonment with prison labor for 10 months, and imprisonment with prison labor for 6 months) is too unreasonable.

B. The sentence imposed on the Defendant in the judgment of the court of first instance by the prosecutor is too unhued and unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the first and second judgment against the defendant was rendered, and the defendant was sentenced to the first and second judgment, and the prosecutor filed an appeal against the first and second judgment against the defendant, and this court decided to hold concurrent hearings against the above two appeals cases. The first and second judgment against the defendant is in a concurrent relationship under the former part of Article 37 of the Criminal Act, and thus, one punishment should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained.

3. If so, the judgment of the court below is reversed under Article 364 (2) of the Criminal Procedure Act without examining each of the grounds for ex officio reversal as seen earlier. Thus, the judgment of the court below is reversed under Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

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

Application of Statutes

1. Article 329 of the Criminal Act applicable to the crime, Article 329 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 3(1), proviso of Article 3(2)1, and Article 268 of the Criminal Act, Article 268 of the Criminal Act, Article 46(2)2, the main sentence of Article 8 of the former Guarantee of Automobile Accident Compensation Act (amended by Act No. 12987, Jan. 6, 2015), Article 323 of the Criminal Act, Article 152 subparag. 1, and Article 43 of the Road Traffic Act, Article 153 of the Road Traffic Act, the Criminal Act.