All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

1. The punishment (the first instance court: the imprisonment of eight months and the second instance court: the imprisonment of ten months) which the original court made on the accused by the summary of the grounds for appeal is too unreasonable; and

2. Prior to the judgment on the argument of unfair sentencing by the defendant in the judgment of ex officio, the defendant filed an appeal against the judgment below, and this court decided to hold the two appeals jointly. Each of the crimes of the court below 1 and 2 against the defendant is related to concurrent crimes under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of a single sentence under Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot escape from reversal.

3. The lower court’s conclusion is reversed under Article 364(2) of the Criminal Procedure Act without examining the Defendant’s assertion of unfair sentencing, on the grounds of ex officio reversal as seen above, and further decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns 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 257 (1), Article 136 (1) and Article 319 (2) of the Criminal Act concerning the crime at issue; 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 concerning the crime at issue;

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes [the crimes of obstruction of the performance of official duties and the crimes of bodily injury, the punishment imposed on the crimes of severe bodily injury, the violation of the Act on the Aggravated Punishment, etc. of each Specific Crime (the vehicles) and the violation of each Road Traffic Act (the crimes committed after the accident, the punishment, and the aggravated punishment, etc. of the crimes against the victim J with the largest sentence.