Defendant shall be punished by imprisonment with prison labor for a year and six months, and a fine of KRW 700,00.

The defendant above.

Each sentence of the lower court (the first instance judgment: 1 year of imprisonment, 700,000 won of fine, and 1 year of imprisonment) is too unreasonable.

Before the judgment on the grounds for appeal ex officio, the defendant filed an appeal against all of the judgment below, and this court decided to hold the two appeals together.

Since each of the judgment below's crimes is concurrent crimes under the former part of Article 37 of the Criminal Act, one sentence should be imposed in accordance with Article 38 (1) of the Criminal Act, the judgment below cannot be maintained as it is.

Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to each corresponding column of the judgment below, and thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Road Traffic Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the point of running a motor vehicle, the point of driving a motor vehicle, the choice of imprisonment each), Article 82 subparagraph 2-2 of the Motor Vehicle Management Act, and Article 24-2 (2) (2) of the Motor Vehicle Management Act (the point of operating

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act;

1. In a case where the punishment of imprisonment and a fine are concurrently imposed pursuant to Articles 53 and 55(1)3 of the Criminal Act (Article 38(1)3 of the Criminal Act), there may be differences in the circumstances of each crime committed, and thus, the punishment of imprisonment only shall be mitigated and the fine shall not be mitigated (see, e.g., Supreme Court Decision 2006Do1076, Mar. 23, 2006), and the punishment of imprisonment shall not be deemed unlawful (see, e.g., Supreme Court Decision 2006Do1076, Mar. 23, 2006).