All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. The gist of the grounds for appeal is that the respective punishment of the original judgment (No. 6 months of imprisonment and No. 2 months of imprisonment: 4 months of imprisonment) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

According to the consolidation of each case of the judgment of the court below that appealed by the defendant, the crime of the first trial decision against the defendant and the crime of the second trial decision against the defendant were concurrent crimes under the former part of Article 37 of the Criminal Code.

In such cases, in accordance with Article 38 of the Criminal Code, one punishment should be sentenced simultaneously, so the judgment of the court below is no longer maintained.

3. As such, the judgment of the court below is reversed in its entirety pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed in its entirety, and it is so decided as follows.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the relevant column 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. Relevant Article 3 (1) and the proviso to Article 3 (2) 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act (the occupation and practical occupation, the choice of imprisonment without prison labor), Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (the non-licensed driving, the choice of imprisonment with prison labor) concerning criminal facts;

1. The reason for sentencing of concurrent crimes under the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 38(2), and 50 of the Act on Special Cases Concerning the Settlement of Traffic Accidents (the punishment shall be aggravated within the extent that the punishment is aggregated with the maximum punishment for each of the crimes prescribed by the Act on Special Cases Concerning the Settlement of Traffic Accidents, which is the largest punishment, and the punishment shall be punished by imprisonment), is against all of the crimes of this case.

The degree of injury of the victim of the instant traffic accident is not significant, and the victim is punished by the defendant by agreement with the victim.