All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

1. The summary of the grounds for appeal (the first instance judgment: imprisonment with prison labor for eight months and the second instance judgment: imprisonment with prison labor for eight months) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the court of first and second instance shall concurrently examine the cases of appeal by the court of first and second instance against the defendant. The crimes of the court of first and second instance are concurrent crimes under the former part of Article 37 of the Criminal Act, and shall be punished as a single sentence within the term of punishment or amount increased by concurrent crimes under Article 38(1) of the Criminal Act.

Therefore, the judgment of the court below is no longer maintained in this respect.

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 ground that the above grounds for reversal ex officio are established. The judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence recognized by the court is the same as the entries in each corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act

Application of Statutes

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the crime, Article 152 (1) 1 and Article 43 of the Road Traffic Act, Article 152 (1) and Article 43 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 concerning the crime;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (hereinafter referred to as the "Act on the Aggravated Punishment, etc.") and the "Act on the Aggravated Punishment, etc. of Specific Crimes" (hereinafter referred to as the "Act on the Aggravated Punishment, etc.") and the "Act on the Aggravated Punishment, etc. of Specific Crimes"), and the "Act on the Aggravated Punishment, etc. of Specific Crimes" (hereinafter referred to as the "Act on the Aggravated Punishment, etc. of Specific Crimes") are more severe.