The judgment of the court of first instance and the judgment of the court of second instance are reversed.

A defendant shall be punished by imprisonment for one year.

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court related to the first instance judgment (eight months of imprisonment) is too unreasonable.

B. The punishment sentenced by the lower court related to the second instance judgment (one year of imprisonment) is too unreasonable.

2. The first and second court rendered a judgment after completing a separate hearing on the Defendant, and the Defendant filed an appeal against the first and second court judgment, and this court decided to hold a joint hearing on each of the above appeals cases.

However, the crime of the judgment of the court of first instance and the crime of the judgment of the court of second instance against the defendant should be sentenced to a single punishment in accordance with Article 38(1) of the Criminal Act in relation to concurrent crimes under the former part of Article 37 of the Criminal Act. Thus, the judgment of the court of first and the judgment

3. As such, the judgment of the court of first and second instance on the grounds of reversal as seen above are reversed, and all of them are reversed under Article 364(2) of the Criminal Procedure Act without examining the Defendant’s assertion of unfair sentencing, and the judgment below again becomes final and conclusive as follows.

The criminal facts and the summary of the evidence recognized by the court are identical to the facts constituting the crime and the summary of the evidence of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Criminal Order

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, Article 148-2 (1) 2, and Article 44 (2) of the Road Traffic Act concerning the facts constituting an offense, and subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 152 and 43 of the Road Traffic Act;

1. The punishment provided for in Articles 40 and 50 of the Criminal Act among the crimes of violation of the Road Traffic Act at the time of market and the crimes of violation of the Road Traffic Act at the time of market, and the punishment provided for in the crimes of violation of the Road Traffic Act with heavier punishment;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.