We reverse the judgment of the court below.

A defendant shall be punished by imprisonment for not less than two years and six months.

1. The summary of the grounds for appeal by the accused is unreasonable that the punishment of the first instance judgment (two years of imprisonment) and that of the second instance judgment (one year of imprisonment) are too unreasonable.

2. The Defendant filed each appeal against the judgment below, and this court decided to hold the two appeals jointly.

The judgment of the court below against the defendant is a concurrent crime 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. Thus, the judgment of the court below cannot be maintained as it is

3. The lower court’s conclusion is reversed pursuant to 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 further decided as follows.

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence are identical to the facts constituting the offense against the defendant recognized by the court and the summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment of the court below.

Application of Statutes

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, Article 152 (1) and Article 43 of the Road Traffic Act, Article 152 (1) and (2) (proviso) 7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Articles 148-2 (1) and 44 (1) and (2) of the Road Traffic Act concerning the facts constituting the crime;

1. Each sentence of imprisonment without prison labor for a violation of the Act on Special Cases concerning the Handling of Traffic Accidents and for a violation of the Road Traffic Act, for a violation of the Road Traffic Act, for a violation of the Road Traffic Act, or for a violation of the Road Traffic Act, shall be imposed, and a sentence of imprisonment without prison labor for a violation of the Act on Special Cases concerning the Handling of Traffic Accidents shall be imposed;

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2 and Article 38(2) and Article 50 of the Criminal Act that aggravated concurrent crimes are contrary to the recognition of all of the instant crimes.