The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for six months.

except that from the date of this judgment.

1. Scope of the trial for the relevant case after the progress of trial and the transmission thereof;

A. (1) The lower court found all of the facts charged in the instant case guilty and sentenced the Defendant to 8 months of imprisonment or 2 years of suspended execution, and acquitted the Defendant on the part of the reasons that there was no proof of crime.

(2) On the grounds that the Defendant appealed on the grounds that the sentencing was unfair, and the prosecutor appealed on the grounds that there was misconception of the facts about the acquittal portion of the reasons and that the sentencing was unfair, and the trial prior to the return was accepted only by the prosecutor’s wrongful assertion of sentencing, and reversed the judgment of the lower court and sentenced the Defendant

(3) On the judgment of the court before remanding the above case, only the defendant appealed on the ground of misunderstanding of legal principles as to the violation of road traffic law (measures after the accident). The Supreme Court accepted the defendant's appeal and reversed the conviction portion of the judgment before remanding the case.

B. The defendant's appeal on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which is the part not guilty in the judgment of the court prior to the remanding of the case after the remanding of the case, is brought to the court of final appeal based on the indivisible principle of appeal by filing an appeal on the violation of the Road Traffic Act (unnecessary measures after an accident), which is the part of the judgment of the court prior to the remand of the case. However, the part is already exempted from the object of attack and defense between the parties, and it cannot be judged as the part of the court of final appeal. Thus, the judgment of the court of final appeal cannot be tried again after the remanded case was remanded from the court of final appeal on the grounds that the judgment of the court prior to the remand of the conviction was erroneous (see Supreme Court Decision 90Do2820, Mar. 12, 1991, etc.). Ultimately, the scope of the trial after remanding the case is the scope of the judgment after remanding.