All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a year and a fine of KRW 5,00,000.

The defendant above.

1. The summary of the grounds for appeal (No. 1: imprisonment with prison labor for 1 year, and fines of 5,000,000 won for 2 years) declared by the court below is too unreasonable.

2. The court held ex officio and tried each appeal case against the judgment of the court below together, and each of the crimes that the court below found guilty of the defendant are 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 punishment aggravated by concurrent crimes pursuant to Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained as it is.

3. If so, the judgment of the court below is based on the above reasons for reversal of authority. Thus, without examining the defendant's assertion of unfair sentencing, the judgment of the court below is reversed ex officio pursuant to Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the evidence and the criminal facts of the defendant recognized by the court and the summary of the evidence are the same as the corresponding columns of the judgment of the court below, and they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 35(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 10210, Mar. 31, 2010); Article 347(1) of the Criminal Act; Article 30 of the Criminal Act; Article 231 of the Criminal Act; Article 30 of the Criminal Act; Articles 234 and 231 of the Criminal Act; Article 30 of the Criminal Act; Article 5-3(1)2 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 10210, Mar. 31, 2010); Article 268 of the Criminal Act; Article 148 and 54(1) of the former Road Traffic Act (amended by Act No. 10790, Jun. 8, 2011)

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crime of an owner of a vehicle).