All judgment of the court below shall be reversed.

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

Summary of Grounds for Appeal

The sentence of the original judgment (the first instance judgment: Imprisonment with prison labor for 8 months, 2 months: Imprisonment for 7 months, and 3 months: Imprisonment with prison labor for 8 months) is too unreasonable.

The court of the trial of ex officio judgment decided to consolidate each appeal case of the judgment of the court below against the defendant.

The judgment of the court below, in relation to concurrent crimes under the former part of Article 37 of the Criminal Act, should simultaneously be sentenced to a single punishment within the scope of punishment for aggravated concurrent crimes pursuant to Article 38(1) of the Criminal Act.

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

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, on the grounds of the above ex officio reversal, and it is again decided as follows.

Criminal facts

The summary of the evidence and facts constituting each offense against the defendant recognized by the court and the summary of the evidence are as stated in the corresponding columns of the judgment below.

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

Application of Statutes

1. Article 3 (1), the proviso to Article 3 (2) 1 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents related to the Crime, Article 268 of the Criminal Act, Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act, Article 257 (1) of the Criminal Act, Article 152 (1) 1 and Article 43 of the Road Traffic Act concerning the crime;

1. Punishment provided for in Article 40 or 50 of the Commercial Competition Act (a punishment imposed on a violation of the Road Traffic Act referred to in subparagraph 2 of Article 2014 or proviso 235 at the time of displaying) and a violation of the Road Traffic Act (a without license), and a punishment imposed on a violation of the Road Traffic Act with heavier punishment);

1. With respect to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, the choice of imprisonment without prison labor, the violation of each Road Traffic Act, and the crime of bodily injury, each of them

1. The former part of Article 37 and Article 38(1)2 and (2) of the Criminal Act among concurrent crimes