The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

1. The sentence of the lower court (one year and six months of imprisonment) against the accused in the summary of the grounds for appeal is too unreasonable.

2. Ex officio determination

A. Prior to the judgment on the Defendant’s assertion of unfair sentencing, each of the crimes in the judgment of the court below against the Defendant and each of the crimes in the judgment of the court below against the Defendant are in a substantive concurrent crime under the former part of Article 37 of the Criminal Act. Thus, under Article 38(1) of the Criminal Act, the sentencing sentence is determined within the scope of a limited term of punishment. However, the court below erred by misapprehending the two crimes (the judgment of the court below did not specify each of the crimes committed by mutual concurrence) as an ordinary concurrent crime.

In this respect, the judgment of the court below is no longer maintained.

B. Therefore, the judgment of the court below is reversed ex officio pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that the above ground for ex officio reversal exists, and it is again decided as follows

Criminal facts

The summary of the evidence and criminal facts against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column of the 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 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed under the relevant Act on the Aggravated Punishment, etc. of Specific Crimes, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, Articles 46 (2) 2 and 8 of the Guarantee of Automobile Accident Compensation Act, and choice of imprisonment, respectively;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, Article 50 and the proviso of Article 42 of the Criminal Act [the aggravated punishment for concurrent crimes resulting from the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes against Victims D with the largest punishment];