All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

1. Summary of grounds for appeal;

A. The respective sentence of the court below (unfair punishment) by Defendant (hereinafter “Defendant 1”) is unfair because it is too unreasonable for Defendant 1 to be sentenced to imprisonment with prison labor for 8 months and a fine of 10 million won.

B. The second sentence of the lower court (a fine of KRW 10 million) of the Prosecutor (unfairness in form) is deemed to be too unfilled and unfair.

2. The court of the trial at its discretion decided to hold a joint hearing of each appeal case against the defendant by the court below.

The judgment of the court below, in relation to concurrent crimes under the former part of Article 37 of the Criminal Act, should simultaneously be sentenced to a single punishment within the scope of punishment for aggravated concurrent crimes pursuant to Article 38(1) of the Criminal Act.

In this respect, all judgment of the court below cannot be maintained as it is.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the allegation of unfair sentencing made by the defendant and the prosecutor, on the grounds of the above ex officio reversal, and the judgment below is reversed, and it is again decided as follows.

Criminal facts

The summary of facts constituting an offense and evidence recognized by this court shall be as shown in the respective columns of the original judgment.

Article 369 of the Criminal Procedure Act is quoted as it is.

Application of Statutes

1. Subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the same Act, Articles 148-2 (1) 1 and 44 (1) 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, Articles 148 and 54 (1) of the Road Traffic Act, Article 46 (2) 2 of the former Guarantee of Automobile Accident Compensation Act (Amended by Act No. 12987, Jan. 6, 2015);

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (hereinafter referred to as the "Commercial Concurrent Crimes") and the violation of the Road Traffic Act (hereinafter referred to as the "Commercials Act"), respectively.