All judgment of the court below shall be reversed.

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

In light of the circumstances such as the defendant's depth and the fact that he must support his family as the most important, the punishment for six months of imprisonment with prison labor sentenced by the first instance court and six months of imprisonment with prison labor sentenced by the second instance is too unreasonable.

Before the judgment on the defendant's assertion of unfair sentencing was made ex officio, and the defendant was sentenced to six months of imprisonment with prison labor after a separate examination was conducted by the Seoul Southern District Court 2015Kadan1962 and the Seoul Southern Southern District Court 2015Kadan3245, the second instance court, respectively. However, this court decided that the defendant's consolidated examination was conducted in accordance with the result of each appeal. Since each of the offenses against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, each of the offenses against the judgment of the court below shall be sentenced to a single sentence within the scope of a single sentence among concurrent crimes under Article 38 (1) of the Criminal Act, the judgment of the court below against the defendant cannot be maintained.

Therefore, the judgment of the court below is reversed in accordance with Article 364(2) and (6) of the Criminal Procedure Act, since there are reasons for ex officio reversal, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence against the defendant are as stated in the 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. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure the noise level), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, and selection of imprisonment with prison labor, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act (including the fact that the defendant is against his/her will) shall be led to the confession of and reflect on the crime, and his/her family shall be supported.