Each judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

1. Summary of grounds for appeal;

A. The punishment (the first instance court: the imprisonment of 8 months, the second instance court: the fine of 5 million won) sentenced by each court below is too unreasonable.

(b)the sentence sentenced by the second instance of the Prosecutor is too unhued and unreasonable;

2. Prior to the judgment on the grounds for appeal by the defendant and the prosecutor ex officio, this Court tried by combining the appeals cases against each judgment of the court below, and each of the offenses at the time of original adjudication is concurrent crimes under the former part of Article 37 of the Criminal Act, and one punishment shall be imposed within the term of punishment, which increased concurrent crimes in accordance with Article 38(1) of the Criminal Act. Thus, each judgment of the court below is no longer maintained.

3. Accordingly, the court below's decision is reversed under Article 364 (2) of the Criminal Procedure Act without examining the defendant and the prosecutor's assertion of unfair sentencing, on the ground that there is a ground for ex officio reversal as above. The court below's decision is delivered as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of each judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal 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, Article 46 (2) and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act (a punishment imposed on a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and a violation of the Road Traffic Act, and a punishment imposed on a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, with heavier punishment);

1. Selection of each sentence of imprisonment;

1. Article 35 of the Criminal Act provides for a repeated crime.