The judgment of the court below is reversed.

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

1. The sentence imposed by the lower court (ten months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. Before determining the grounds for appeal by the Defendant’s ex officio before determining the grounds for appeal, the prosecutor, defense counsel, or the Defendant shall individually instruct and explain the documents, articles, etc. submitted by the litigant as evidence in the courtroom, and the presiding judge shall notify the Defendant that he/she may request the examination of evidence necessary for hearing the opinions and protecting the right thereof (Articles 291(1) and 293 of the Criminal Procedure Act). According to the records, the lower court conducted the examination of defective evidence by the prosecutor on the first trial date. The lower court only conducted the examination of evidence only for the evidence of the 3421 case, the second 2016 High 3755 case ruling of the lower court, and did not conduct the examination of evidence of the 2016 High 3755 case. The lower court’s examination procedure was unlawful since it violated Articles 291(1) and 293 of the Criminal Procedure Act, thereby making it impossible to maintain the lower judgment.

3. Therefore, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, 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 the facts charged and the summary of the evidence admitted by the court are as follows: (a) except for adding “investigation Report (Documents Attached)” to the last sentence of the part [2016 order3755] of the court below’s judgment, the summary of the evidence is as stated in each corresponding column of the court below’s judgment; and (b) thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2(2)2, Article 44(1) of the Road Traffic Act (i.e., self-driving on May 13, 2016), Article 257(1) of the Criminal Act (a) of the Criminal Act, Article 136(1) of the Criminal Act (a point of harm), and Article 148-2(1) of the Road Traffic Act regarding criminal facts.