All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment with prison labor for not more than ten months and a fine not exceeding two hundred thousand won.

The defendant above.

1. The summary of the grounds for appeal (e.g., imprisonment for the first instance: two years of probation, two years of community service, 80 hours of course, 40 hours of course, and second instance: Imprisonment for ten months of probation, two years of probation, 160 hours of community service, and 40 hours of course) of the judgment of the court below is too unaffortable.

2. Ex officio determination

A. The prosecutor filed an appeal against the judgment of the court below on the ground of ex officio destruction due to the consolidation, and the court decided to jointly examine the above appeal cases.

Each of the judgments of the court below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and a sentence shall be imposed within the scope of a limited term of punishment pursuant to Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained as it is.

B. In the first instance trial, the prosecutor applied for the amendment of the Act on the Grounds for Ex officio Destruction due to the amendment of the Act, and the provisions of Article 156 subparagraph 10 of the Road Traffic Act to the applicable provisions of the case in the first instance trial, and applied for the amendment of the Act to add "violation of the Road Traffic Act" to the name of the crime. Since the court permitted the amendment and decided the amendment, the first

3. The court below's conclusion is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's and prosecutor's assertion, and the judgment below is reversed in its entirety, and it is again decided as follows.

[C] The summary of the facts of the crime and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below in addition to revising the "1. 1. Obstruction of Road Traffic Act (unclaimed Measures after Accidents)" in Section 16 of the judgment of the court of first instance among the facts of the crime in the judgment of the court of first instance as "the violation of the Road Traffic Act (unclaimed Measures after Accidents)" and "the violation of the Road Traffic Act". Thus, it is accepted as it is in accordance with

Application of Statutes

1. Each relevant Article of the Act concerning criminal facts;