The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and two months.

1. Summary of grounds for appeal;

A. Defendant 2’s punishment (one year of imprisonment) is too unreasonable.

B. Each sentence of the prosecutor’s judgment (the first instance judgment: imprisonment of 10 months for a period of suspension of execution, protection observation, compliance driving lectures, community service, and second instance: imprisonment of 1 year for a period of suspension of execution of 2 years for a period of 10 months) is deemed unfair.

2. Prior to the judgment on the grounds for appeal, this Court decided to hold the appeal cases against the judgment of the court below jointly with the judgment of the court below. Each of the offenses against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and the judgment of the court below should be sentenced to a single punishment within the term of punishment for aggravated concurrent crimes in accordance with Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained any more.

3. In conclusion, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the above ex officio grounds for reversal, and the following is again decided after pleading.

Criminal facts

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

Application of Statutes

1. Article 148-2(2)1, Article 44(1) (i.e., the point of self-driving on May 12, 2016), Article 148-2(1)1, and Article 44(1) (i.e., the point of self-driving on July 17, 2016) of the Road Traffic Act concerning facts constituting an offense; Articles 152 subparag. 1 and 43 of the Road Traffic Act (a non-licensed driving)

1. Punishment provided for in Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment provided for in a crime of violating the Traffic Act of July 17, 2016) and a crime of violating the Traffic Act of roads (a licenseless driving) with heavier punishment between the crimes of violating the same Act and the crimes of violating the Traffic Act of roads);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.