All judgment of the court below shall be reversed.

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

1. The punishment of the court below (No. 1: imprisonment of August and No. 2: imprisonment of the court below: 8 months) by each of the main points of the grounds for appeal is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the appeal case against the judgment below was consolidated. Each of the crimes in the judgment of the court below against the defendant is in a concurrent crime relationship 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 increased by concurrent crimes in accordance with Article 38(1) of the Criminal Act. Thus, all of the judgment of the court below shall be reversed.

3. 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, on the grounds of the above ex officio reversal. The judgment of the court below is reversed, and it is again decided as follows.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence 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 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 Subparag. 1 and Article 43 of the Road Traffic Act; Article 3 (1) and proviso to Article 3 (2) 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents; Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act (the crimes of violation of the Road Traffic Act committed on December 15, 2018 and the crimes of violation of the Road Traffic Act) of the ordinary concurrent crimes;

1. Selection of a sentence for a violation of the Road Traffic Act, and the Road Traffic Act, which committed on February 28, 2019, shall be sentenced to imprisonment, respectively, and the selection of a imprisonment without prison labor for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2 and (2), and Article 50 of the Criminal Act among concurrent crimes.