All judgment of the court below shall be reversed.

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

1. Summary of grounds for appeal;

A. The sum of the lower court’s imprisonment (eight months of imprisonment) is too unreasonable for Defendant (the second instance judgment).

B. The prosecutor (the first instance court’s order)’s sentence (the two-year probation period, the probation period, the community service order of 120 hours, and the 40-hour lecture order) of the lower court is too uneasible and unreasonable.

2. Prior to the judgment on the assertion of unfair sentencing by the accused and the prosecutor, the judgment of the court of first instance and the judgment of the court of second instance against the accused are sentenced to each of the judgment of the court of second instance, and the prosecutor filed an appeal against the judgment of the court of first instance, and the court of first instance decided to concurrently examine each of the above appeal cases. The crimes of the court of first and second instance against the accused are concurrent crimes under the former part of Article 37 of the Criminal Act and should be sentenced to one sentence under Article 38(1) of the Criminal Act. Thus, the judgment of the court of first and second instance cannot be maintained as they are.

3. As such, the judgment of the court below Nos. 1 and 2 is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant and 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 a crime recognized by this court and the summary of the evidence are as stated in the judgment of the court below, with the exception that "the defendant has received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act at the Jung-gu District Court on January 16, 2008, and a fine of KRW 2 million as a fine for a violation of the Road Traffic Act at the Seoul East Eastern District Court on February 7, 2014, as stated in each of the corresponding parts of the judgment below, since it is identical to the corresponding parts of the judgment of the court below."

Application of Statutes

1. Relevant Article 148-2 (1) 1 of the Road Traffic Act concerning the facts constituting the crime;