All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a period of four months and by a fine of three thousand won.

The defendant above.

1. Summary of grounds for appeal;

A. The punishment (six months of imprisonment) of the first instance judgment against the defendant (as to the judgment of the first instance) is too unreasonable.

(2) The defendant did not submit the grounds for appeal to the court below of the second instance within the deadline for submitting the grounds for appeal.

The prosecutor (as to the judgment of the court below of the second instance) of the second court's judgment against the defendant (as to the judgment of the court below of the second instance) is too unhued and unfair.

2. Before determining the grounds for appeal ex officio, two appeals cases were joined in the health department and the trial room, and each of the offenses of the judgment below is concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one sentence should be imposed pursuant to Article 38(1) of the Criminal Act. In this respect, the judgment of the court below cannot be maintained.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the allegation of unfair sentencing, on the ground that there is a ground for ex officio reversal as seen above, and it is again decided as follows.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment below, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act; and

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (trade between the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act of January 24, 2018);

1. Imposition of a fine against a violation of the Road Traffic Act, and each choice of imprisonment with prison labor against a violation of the Road Traffic Act;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 3 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55(1) of the Criminal Act for discretionary mitigation;