All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment with prison labor of one year and four months and a fine of one million won.

The defendant above.

1. The decision of the court below on the summary of the reasons for appeal (the first instance court: imprisonment of 1 year and 2 months, and the second instance: imprisonment of 4 months and fine of 1 million won) is too unreasonable.

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

The appellate court held that each of the appeals cases against the judgment of the court below was consolidated and tried, and that each of the offenses of the judgment of the court below is concurrent crimes under the former part of Article 37 of the Criminal Act, and a single sentence should be sentenced in accordance with Article 38(1) of the Criminal Act

Therefore, the judgment of the court below can no longer be maintained.

However, even if there are reasons for reversal of authority as seen above, the argument that the defendant asserted as the reasons for appeal is still subject to a trial at the time of appeal.

3. If so, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed in entirety, and it is again decided as follows through pleading.

[Re-written judgment] The summary of the facts constituting an offense and the evidence is identical to each corresponding column of the judgment below, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed by the Preliminary Punishment, etc. of the same Act, Article 148-2 (1) 2, Article 44 (2) of the Road Traffic Act, Article 152 subparagraph 1 and Article 43 of the same Act, Article 46 (2) 2 and Article 8 of the Guarantee of Automobile Compensation Act, Articles 82-2 and 8 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed by the Preliminary Punishment, Etc. of the same Act, and Articles 24-2 (2) of the Road Traffic Act, respectively,

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. Articles 70(1) and 69(2) of the Criminal Act to attract a workhouse.