All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

The District Prosecutors' Office that has been seized.

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, each sentence of the court below (the first instance court: imprisonment of one year and six months, confiscation and additional collection of 96,00 won, the second instance court’s imprisonment of two months) is too excessive or too excessive (the defendant) and the above second instance court’s punishment is too excessive (the prosecutor).

2. Prior to the judgment on the grounds for appeal by the Defendant and the prosecutor ex officio, the Defendant and the Prosecutor filed an appeal against the lower judgment, and as a result of a joint examination in the first instance court, each of the offenses in the judgment of the lower court against the Defendant is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, and thus, one punishment should be imposed within the scope of the term of punishment aggravated for concurrent crimes pursuant to Article 38(1) of the Criminal Act. In this regard, the lower judgment against the Defendant was entirely reversed.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant and the prosecutor, and it is again decided following the pleadings.

Criminal facts

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

Application of Statutes

1. Article 60(1)2, Article 4(1), Article 2 subparag. 3(b) of the Narcotics Control Act (the point of committing a crime relating to scopon), Article 61(1)6, Article 4(1) of the Act on the Control of Narcotics, Etc., Articles 148 and 54(1) of the Road Traffic Act (the point of taking measures after an accident), Articles 46(2)2, and 8 of the Guarantee of Automobile Accident Compensation Act, Articles 81 subparag. 1-2, and 10(5) of the Automobile Management Act (the point of making it difficult to identify a registration license plate).