All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. The summary of the grounds for appeal (the first instance judgment: imprisonment with prison labor for 6 months, the second instance judgment: imprisonment with prison labor for 10 months, the suspension of execution for 2 years, the community service order 120 hours) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal ex officio.

This Court decided to consolidate each appeal case against the judgment below.

However, since each crime of the judgment of the court below against the defendant is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, if concurrent crimes are judged at the same time, one of these crimes should be sentenced in accordance with Article 38 of the Criminal Act, and the judgment of the court below cannot be maintained

3. Accordingly, 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 ex officio reversal as seen earlier. The judgment of the court below is reversed in entirety, and the following is

【Discied Judgment】 The facts constituting a crime and the summary of evidence recognized by the court are all shown in the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of a sound driving), Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act concerning the criminal facts under the corresponding Act on the Aggravated Punishment, etc. of Specific Crimes;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Discretionary mitigation is favorable to the defendant for the reason of sentencing in Articles 53 and 55(1)3 (see, e.g., favorable circumstances as seen below) of the Criminal Act.