All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and eight months.

Summary of Grounds for Appeal

The punishment of each court below against the defendant (the first court judgment: imprisonment with prison labor for a year and six months, and the second court judgment: imprisonment with prison labor for a period of four months) is too unreasonable.

Before the judgment on the grounds for appeal by the defendant ex officio, the defendant filed each appeal against the judgment of the court below and tried both in the trial. Each of the crimes of the court below 1 and 2 against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act and a sentence should be imposed 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 cannot be maintained any more.

In conclusion, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows after oral argument.

Criminal facts

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

Application of Statutes

1. Article 150 Subparag. 1, Article 44(1) of the former Road Traffic Act (amended by Act No. 9580 of Apr. 1, 2009), Article 151 of the former Road Traffic Act (amended by Act No. 10790 of Jun. 8, 201), Article 2(1)3 of the Punishment of Violences, etc. Act, Article 2(1)3 of the Criminal Act, Article 257(1) of the Criminal Act, Article 136(1) of the Criminal Act (amended by Act No. 10790 of Apr. 1, 2009)

1. Articles 40 and 50 (Mutual Crimes of Violation of the Road Traffic Act due to Destruction or Damage of Occupational Negligence, Crimes of Violation of the Punishment of Violences, etc. Act and Crimes of Obstruction of Performance of Official Duties in the judgment of the first instance court) of the Commercial Concurrent Crimes;

1. Judgment of the second instance on the violation of the Road Traffic Act or the violation of the Road Traffic Act;