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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.
Reasons
1. Summary of grounds for appeal;
A. Public prosecutor (as to the judgment of the court of first instance), unreasonable sentencing (as to the judgment of the court of first instance): fine of three million won)
B. Defendant (the lower court’s judgment on the second instance): Imprisonment with prison labor for one year)
2. Prior to the judgment on the grounds for appeal, we examine ex officio prior to the judgment on the grounds for appeal. The court below rendered a separate judgment on each of the judgment below against the defendant, but the court below held concurrent trials and tried at the trial. Each of the above crimes is a concurrent crime under the former part of Article 37 of the Criminal Act and must be sentenced to a single punishment at the same time in accordance with Article 38(1) of the Criminal Act. Therefore, each of the judgment below cannot
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 on the grounds of appeal, and the following is decided through pleading.
【Grounds for the Judgment of the Supreme Court which has been written] The facts constituting a crime and summary of evidence recognized by the court are identical to the facts constituting a crime and summary of evidence, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act and the main sentence of Article 46 (2) and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;
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, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of summing up the long-term punishments in each of the crimes above);
1. The defendant's previous conviction and 10 times more than the defendant's reason for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation, and in the case of a crime on April 20, 2019, the crime was committed in the same manner before the month of the suspension of execution, and the crime was committed on November 11, 2019.