The part of the judgment of the court of first instance and the judgment of the court of second instance are reversed.

Defendant shall be punished by imprisonment with prison labor for not less than ten months.

1. The sentence of the lower court (the first instance court’s sentence: 6 months of imprisonment; 6 months of suspended sentence; 2 years of suspended sentence; 80 hours of community service, and 40 hours of compliance driving) is too unreasonable in light of the overall sentencing conditions in the grounds for appeal.

2. Ex officio determination of ex officio, the court below sentenced each of the above judgment after the defendant completed a separate hearing against the defendant, and all of the defendants filed an appeal against this case, and the court of the court below decided to hold concurrent hearings. Each of the crimes in the first and second judgment against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act and must be sentenced to a single sentence within the scope of the term of punishment aggravated for concurrent crimes under Article 38(1) of the Criminal Act. In this regard, the judgment of the court below is not reversed.

3. Accordingly, 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, on the grounds of the above reversal, and the judgment below is reversed in entirety, and it is again decided as follows.

Criminal facts

The summary of facts and evidence recognized by this court is identical to the corresponding column of each judgment of the court below, except for the addition of “statements in the trial court of the defendant” to the summary of evidence as to the judgment of the court of first instance. As such, all of them shall be cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning facts constituting an offense, and Articles 347 (1) and 30 of the Criminal Act that choose a penalty (aggravating, comprehensive, imprisonment with prison labor), Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. To take lectures and provide community service orders under Article 62-2 of the Criminal Act;