The judgment of the court below (excluding the part of compensation order in the first judgment) shall be reversed in all.

Defendant shall be punished by imprisonment for a period of two years and four months.

1. The summary of the grounds for appeal (the imprisonment of 10 months with prison labor of the first judgment and the imprisonment of 2nd judgment) that the court below rendered is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the judgment of the court below against the defendant was rendered separately, and the defendant filed an appeal against the judgment of the court of first and second instances, and the court decided to jointly examine each appeal case.

Therefore, each crime of the judgment of the court below shall be sentenced to a single punishment pursuant to Article 38(1) of the Criminal Act in relation to concurrent crimes under the former part of Article 37 of the Criminal Act. In this regard, the judgment of the court below is impossible to maintain

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

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the 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 347 (1) of the Criminal Act (Fraud point), Article 148-2 (2) 3, Article 44 (1) of the Road Traffic Act (the point of sound driving), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the point of without a license), Article 3 (1), the proviso to Article 3 (2), Article 3 (2) 2, 7, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning the criminal facts;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (trades violating the Act on Special Cases concerning the Settlement of Traffic Accidents, between the crimes of violating the Road Traffic Act and the crimes of violating the Road Traffic Act);

1. Selection of punishment, fraud, violation of the Road Traffic Act, each of them shall be sentenced to imprisonment, and a sentence of imprisonment without prison labor for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;

1. The Criminal Act among concurrent crimes.