All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for two years.

1. Each punishment (two years of imprisonment with prison labor, and six months of imprisonment with prison labor) of the lower judgment against the Defendant based on the summary of the grounds for appeal is unreasonable.

2. Before determining on the grounds of ex officio appeal, two appeals cases were joined in the first instance court, and each offense of the first instance judgment and the second instance judgment with respect to the Defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and one sentence should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, each of the above judgment below cannot be maintained as it is.

3. As such, the judgment below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed and it is again decided as follows, without examining the above ex officio reversal grounds.

[Grounds for a new judgment] The facts constituting an offense and summary of evidence recognized by this court and summary of evidence are as stated in each corresponding column of the judgment below, except for the case where "430,1587 won" in the third sentence of the judgment of the court of first instance is "430,158 won" among the facts constituting an offense of the court of first instance. Thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3(1) and the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning the facts constituting an offense, Article 268 of the Criminal Act, Article 148-2(1)2 and Article 44(2) of the Road Traffic Act (a) of the Road Traffic Act, Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 268 of the Criminal Act, Articles 148 and 54(1) (a) of the Traffic Act, Article 260 of the Criminal Act, Article 268 of the Road Traffic Act, Article 148-2(2)3 and 44(1) of the Road Traffic Act (a) of the Road Traffic Act, Article 148-2(1)3 and (4) of the Road Traffic Act (a)1, Article 54(2) of the Road Traffic Act, and Article 5(1)4) of the Road Traffic Act

1.Articles 40 and 50 of the Criminal Code of Trade and Trade (Article 40).