The judgment of the court below is reversed.

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

However, for a period of two years from the date this judgment becomes final and conclusive.

1. The lower court’s punishment (two years of suspended sentence in October) against the Defendant against the gist of the grounds for appeal is deemed to be too unhued and unfair.

2. Prior to the judgment on the grounds for appeal ex officio, the Prosecutor deleted the proviso of Article 3(2)2 of the Act on Special Cases concerning the Settlement of Traffic Accidents from among the applicable provisions of the Act to the Defendant in the trial of the party, and the part of Article 3(1) of the indictment against the Defendant (hereinafter referred to as “victim caused the death of the victim due to thirrosiss and cerebral transfusions at around 02:45 on July 29, 2014.” This Court permitted this, which part of the judgment of the court below was modified to be subject to the judgment, and on the other hand, since each of the crimes of this case was related to concurrent crimes under the former part of Article 37 of the Criminal Act and thus a single sentence is to be imposed, the judgment of the court below cannot be maintained in its entirety.

3. Accordingly, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, and it is again decided as follows after oral argument.

Criminal facts

The summary of the facts constituting the crime and the summary of the evidence acknowledged by this court are as follows. The part of the judgment of the court below stating that "the victim suffered two dubs, etc. requiring treatment for about six weeks," which read as "the victim caused the death of two dubs and cerebral transfusions, etc. around July 29, 2014." The summary of the evidence added "1. Death diagnosis report" to the summary of the evidence as stated in each corresponding column of the judgment of the court below. Thus, it is identical to the description of the court below, and it is cited as it is in accordance with Article 369 of the Criminal Procedure Act, except for the case where "1. Death diagnosis report" is added.

Application of Statutes

1. Relevant legal provisions for criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 268 of the Criminal Act.