All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

1. The punishment (No. 1 year of imprisonment with prison labor for the first instance court, and No. 2 month of imprisonment for the second instance) declared by the court below on the summary of the grounds for appeal is too unreasonable.

2. The court of the trial at its discretion decided to hold a joint hearing of each appeal case against the defendant by the court below.

Each crime of the judgment below is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, and a single punishment shall be sentenced within the scope of the term of punishment aggravated for concurrent crimes by judgment pursuant to Article 38(1) of the Criminal Act.

In this respect, all judgment of the court below cannot be maintained as it is.

3. 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 the above ex officio reversal, and the judgment below is reversed in entirety, and it is again decided as follows.

Criminal facts

The summary of facts constituting an offense and evidence recognized by this court shall be as shown in the respective columns of the original judgment.

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

Application of Statutes

1. Relevant legal provisions concerning the facts of crime, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose the penalty, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, Article 329 of the Criminal Act and the choice of imprisonment, respectively;

2. Article 35 of the Criminal Act among repeated crimes;

3. From among concurrent crimes, the reason for sentencing is that the defendant committed the instant crime without being among persons during the period of repeated crimes, even though he/she had the past record of criminal punishment for the same crime under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the punishment shall be aggravated to concurrent crimes prescribed by the most severe larceny, but the minimum sentence of the punishment shall be the same as that prescribed by the Road Traffic Act). In particular, the crime of the second instance judgment is committed while the first instance judgment is pending, etc.

(b).