All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for two years.

1. The summary of the grounds for appeal of the first instance court’s punishment (ten months of imprisonment) and second instance court’s punishment (two years of imprisonment) are too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, each appeal case against the defendant was joined in the court below for the first time. Each of the offenses of the judgment below is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and a sentence should be imposed within the scope of the term of punishment aggravated for concurrent offenses in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment of the court below is no longer maintained.

3. The lower court’s conclusion is reversed in its entirety pursuant to Article 364(2) of the Criminal Procedure Act without examining the Defendant’s assertion of unfair sentencing, on the grounds of ex officio reversal, and further decided as follows.

Criminal facts

The summary of facts and evidence recognized by this court is as follows: since the "attached Table" is omitted in the criminal facts column in the judgment of the court of first instance, the above attached Form is not added, the facts and the summary of the evidence are as shown in each corresponding column of the court of first instance

Article 369 of the Criminal Procedure Act is quoted as it is.

Application of Statutes

1. Article 3 (1), Article 3 (2) (proviso) 1 and 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 151 of the Road Traffic Act, Article 152 of the Road Traffic Act, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act, Article 148-2 (2) 2 and Article 44 (2) of the Road Traffic Act, Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 148 and Article 54 (1) of the Road Traffic Act, Article 46 (2) 2, the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, Article 347 (1) of the Criminal Act, Article 347 (1) of the Criminal Act, Article 347 of the Criminal Act, each of the Road Traffic Act.