All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

However, for three years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (unfair sentencing: 1 year of imprisonment and 2 years of suspended sentence of imprisonment) of the lower court is too unreasonable.

2. Each of the lower judgment’s respective crimes against the Defendant became concurrent crimes under the former part of Article 37 of the Criminal Act, as the Defendant appealed in the first instance trial.

In such cases, in accordance with Article 38 of the Criminal Code, one punishment should be sentenced simultaneously, so the judgment of the court below is no longer maintained.

3. If so, the judgment of the court below is reversed ex officio as above. Thus, the judgment below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without omitting the determination of the defendant's unfair argument of sentencing, and it is again decided as follows.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the facts stated in each corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3 (1), Article 3 (2) (proviso) 7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act, which are more severe punishment among the crimes of violation of the said Act and the crimes of violation of the said Acts;

1. Selection of imprisonment without prison labor for a crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents in Need of Sentence, or a crime of violating Road Traffic Act;

1. The punishment provided for in the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 38(2) and 50 of the same Act for the aggravated concurrent crimes shall be aggravated;