All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

1. Summary of grounds for appeal;

A. Defendant 1’s punishment (four months of imprisonment) is too unreasonable.

B. The lower court’s sentence No. 2 of the Prosecutor (two years of suspended sentence for 8 months of imprisonment) is too unhued and unreasonable.

2. Examination ex officio prior to the determination of the grounds for appeal by the Defendant and the Prosecutor

The first and second original courts rendered a judgment to the defendant after completing a separate hearing as to the defendant by the Suwon District Court 2016 High Court 2016 High Court 15 High Court 2016 High Court 3356 High High Court 2015 High Court 201 High Court 201 High Court 3356, each of the above judgments was appealed, and the court of the first and second original judgment decided to jointly deliberate on the above appeals. Each of the crimes of the first and second original judgment against the defendant is in concurrent crimes under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of the term of punishment aggravated for concurrent crimes pursuant to Article 38(1) of the Criminal Act. In this regard, the judgment of the court below against the defendant cannot be exempted from all reversal.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, without examining the above ex officio grounds for reversal, and the judgment below is reversed in entirety, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are the same as the corresponding columns of the judgment below 1 and 2, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Article 151 of the Road Traffic Act, Articles 148 and 54(1) of the Road Traffic Act, Article 46(2)2 and the main sentence of Article 8 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the "Act on the Aggravated Punishment, etc. of Specific Crimes Caused by Occupational Negligence), each of the motor vehicles covered by mandatory insurance.