All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

1. The summary of the grounds for appeal (in the first instance court: Imprisonment with prison labor for six months and the second instance court: imprisonment with prison labor for eight months) of the lower court is too unreasonable;

2. Prior to the judgment on the grounds for appeal ex officio, prior to the judgment on the grounds for appeal of ex officio determination, the defendant raised an appeal against the first and second original judgments, and this court decided to hold a joint hearing of the two appeals cases. Each of the crimes in the first and second original judgments against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act and thus, one sentence should be imposed pursuant to Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, without examining the defendant's assertion of unfair sentencing, on the grounds of the above ex officio reversal, and it is again decided as follows.

【Discied Judgment】 The facts constituting a crime and the summary of evidence recognized by the court are identical to each of the relevant columns of the judgment below. Thus, they are quoted as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning facts constituting an offense, Articles 148 and 54 (1) of the Road Traffic Act, Articles 152 subparagraph 1 and 43 of the Road Traffic Act, Articles 152 and 153 of the Road Traffic Act, Article 151 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (the operation of vehicles which are not mandatory insurance, the choice of imprisonment);

1. Among concurrent offenders, the reason for sentencing Article 37 (former part), Article 38 (1) 2 and Article 50 of the Criminal Act has a record of having been punished four times for the same crime, and accordingly, the defendant caused a traffic accident that has occurred while driving without a license even though the suspended execution period is still in the period of suspension of execution and caused physical damage on two occasions.