Each part of the first and second original judgments shall be reversed on the defendant.

A defendant shall be punished by imprisonment for one year.

1. Summary of grounds for appeal;

A. The punishment of the court below against the defendant (the first instance court: the imprisonment of August and the second instance court: the imprisonment of five months) is too unreasonable.

B. The first instance court’s sentence of the Prosecutor is too unhued and unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant and the prosecutor ex officio, the defendant and the prosecutor filed an appeal as above and tried concurrently in the trial of the court. Each crime of the court below against the defendant is one of the concurrent crimes under the former part of Article 37 of the Criminal Act and should be sentenced to a single sentence within the scope of the term of punishment increased by concurrent crimes in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment of the court below against the defendant cannot be maintained any more.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the part of the judgment of the court of first instance and the judgment of the court of second instance against the defendant is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the facts and evidence admitted by the court is as follows. The "criminal facts" of the second judgment is the same as the corresponding column of each judgment of the court below, except for the deletion of the part of the "criminal records" in the front. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1, and Article 43 of the Road Traffic Act, Article 152 (1) and Article 31 of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the crimes against death or injury resulting from dangerous driving) of the same Act.