The part of the judgment of the court of first instance and the judgment of the court of second instance shall be reversed, respectively.

The defendant shall be punished by imprisonment for a maximum term.

1. The decision of the court below on the gist of the grounds for appeal (Article 1: 1. Short-term 8 months of imprisonment with prison labor for a maximum term of 10 months and 2: Imprisonment with prison labor for a term of 1 year and 6 months) is too unreasonable.

2. This court, ex officio, decided the part of the judgment of the court of first instance concerning the defendant and each appeal case against the judgment of the court of second instance, shall be tried concurrently. Since each of the offenses of the court of first instance against the defendant and each of the offenses of the judgment of the court of second instance are concurrent offenses under the former part of Article 37 of the Criminal Act, a single sentence shall be imposed within the scope of punishment aggravated for concurrent offenses in accordance with Article 38(1) of the Criminal Act, and therefore, the part against the defendant among the judgment of the court of first instance and the judgment of the court of

3. According to the conclusion, the part of the judgment of the court of first instance against the defendant and the judgment of the court of second instance on the grounds of the reversal of each authority as seen earlier. Thus, without examining the defendant's assertion of unfair sentencing, all of them are reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and the judgment below

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is the same as that of the judgment below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 331(2) and (1) of the Criminal Act applicable to the relevant criminal facts of the crime (the point of special larceny), Article 146 and Article 145(1) of the Criminal Act (the point of special caution), Article 152 subparag. 1 and Article 43 of the Road Traffic Act (the point of unauthorized Driving), Article 3(1) and the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 151 of the Road Traffic Act (the point of causing bodily injury by occupational negligence), Articles 152 subparag. 1 and 43 of the Road Traffic Act (the point of unauthorized Driving);

1. The provisions of Articles 40 and 50 of the Criminal Act concerning the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, the violation of the Road Traffic Act, and the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents with heavy punishment.