All judgment of the court below shall be reversed.

Defendant shall be punished by imprisonment for two years and by a fine for 300,000 won.

The defendant above.

1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable in light of the fact that the Defendant recognized the instant crime and reflected against it (the first instance judgment: imprisonment with prison labor for a year and six months and a fine of KRW 300,000,000,000,000: 2, and 3: each imprisonment with prison labor for a period of six months).

2. Prior to the judgment on the grounds of appeal by the defendant's ex officio, the defendant appealed from the judgment below that pronounced guilty of the defendant, and this court conducted a consolidated trial on each of the above cases.

Each crime of the judgment of the court below is a concurrent crime under the former part of Article 37 of the Criminal Act, and thus, one punishment should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained as it is.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's unfair assertion of sentencing, and it is again decided as follows.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the facts stated in each corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 257(1) of the Criminal Act applicable to the crime (the point of injury), Article 154 subparag. 2, and Article 43 of the Road Traffic Act (the point of operating a bicycle without a license for motor device), Article 3(1), proviso of Article 3(2)1, 7, and 8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the point of business and negligence), Article 366 of the Criminal Act, Article 148-2(2)2, and Article 44(1) of the Road Traffic Act (the point of driving), Article 151 of the Road Traffic Act (the point of operating a bicycle without a license for motor device), Article 31(2) and Article 31(1)1, proviso of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 366 of the Criminal Act (the point of harm to property), Article 36-2(2)2, and Article 34 of the Criminal Act (the special larceny).