All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

, however, for two years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (the first instance court: the imprisonment of August, the suspension of the execution of the sentence, the community service order 120 hours, the compliance driving lecture 40 hours, and the second instance court: the imprisonment of April) against the accused is too unreasonable.

2. The first and second court rendered a separate judgment after examining the case ex officio. The defendant filed an appeal against all the above decisions, and the court decided to consolidate the above appeal cases.

Each of the first and second original judgments against the defendant is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, and must be sentenced to a single sentence within the scope of a limited term of punishment pursuant to Article 38(1) of the Criminal Act. Therefore, each of the above original judgments is no longer maintained.

3. As such, each of the judgment below of this case is reversed under 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 Judgment] The facts constituting an offense and the summary of evidence recognized by the court and the summary of evidence are the same as the entries of the judgment of the court of first instance and the judgment of the court of second instance, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act, Article 59 of the Probation Act is that the defendant reflects each of the crimes of this case, the defendant's disposal of cars and not repeating cars, and the defendant's each of the crimes of this case.