All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for nine months.

Summary of Grounds for Appeal

Each court below's punishment against the defendant (the first court's judgment: imprisonment of 8 months and 2 months: imprisonment of 2 months) is too unreasonable.

Before the judgment on the grounds for appeal by the defendant ex officio, the defendant filed each appeal against the judgment of the court below and tried both in the trial. Each of the crimes of the court below 1 and 2 against the defendant is a concurrent crime 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 increased by concurrent crimes in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained any more.

In conclusion, 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, and it is again decided as follows after oral argument.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding column of each judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The point of escape after occupational injury resulting from the occupational negligence in relation to the relevant criminal facts: Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act: The point of unlicensed driving under Articles 148 and 54 (1) of the Road Traffic Act: Articles 152 subparagraph 1 and 43 of the Road Traffic Act;

1. Crimes under Articles 40 and 50 of the Criminal Act among the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the crimes of violation of the Road Traffic Act;

1. Selection of each sentence of imprisonment;

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders are criminal records, even though the Defendant was punished for driving without obtaining a license on several occasions, the Defendant repeats the crimes without obtaining a license and commits the crimes after the occurrence of the personal injury.