All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for six months.

1. The summary of the grounds for appeal (the first instance judgment: imprisonment with prison labor for 6 months, and the second instance judgment: imprisonment with prison labor for 6 months) of each sentence sentenced by the lower court is too heavy.

2. Prior to the judgment on the grounds for appeal ex officio, the judgment of the court below that the defendant filed an appeal was consolidated and tried in the trial. Each of the offenses against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and one sentence should be imposed. In this regard, the judgment of the court below cannot be maintained as it is.

3. According to the conclusion of the judgment below, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and it is again decided as follows, without examining the defendant's assertion of unfair sentencing.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to each corresponding part 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 applicable to criminal facts;

(a) The point of fraud: Article 347(1) of the Criminal Act;

(b) Injury caused by occupational negligence: Article 3 (1), proviso of paragraph (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act.

(c) Destruction and damage of fruits: Article 151 of the Road Traffic Act; and

D. Operation of automobiles which are not mandatory insurance: Articles 46(2) and 8 of the former Guarantee of Automobile Accident Compensation Act (amended by Act No. 11369, Feb. 22, 2012)

1. Articles 40 and 50 (Punishmenting Crimes of Special Cases concerning the Settlement of Traffic Accidents Act, Crimes of the Road Traffic Act, and Punishment on Crimes of the Road Traffic Act which are more severe punishment;

1. Selection of punishment, fraud, and violation of the Guarantee of Automobile Accident Compensation Act shall be sentenced to imprisonment, respectively, and the imprisonment without prison labor shall be sentenced to the violation of the Act on Special Cases concerning

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

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