All the judgment below is reversed.

Defendant shall be punished by imprisonment with prison labor of two years and six months and by a fine of seven million won.

The defendant above.

1. The summary of the grounds for appeal (the first instance judgment: the fine of KRW 7 million, and the second instance judgment: the imprisonment of KRW 3 years) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant's ex officio, this Court tried to examine the two cases of appeal by combining the two cases of appeal by the defendant. The crimes of each case deliberated in the trial by the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, which shall be sentenced to a single sentence within the scope of the term of punishment aggravated for concurrent crimes pursuant to Article 38 (1) of the Criminal Act. Thus, each judgment of the court below cannot escape from reversal.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act on the ground that the above ground for ex officio reversal, and it is again decided as follows.

Criminal facts

The gist of the facts charged and the evidence admitted by this court is as follows: “1. Part of the Defendant’s court statement” among the summary of the evidence in the judgment of the court of the court of the second instance is “1. A witness D’s court statement” as “1. A witness D’s court statement”; “1. A witness’s court statement” as “1. A witness P’s court statement”; “1. A witness’s court statement” as “1. witness P’s court statement”; and “1. The prosecutor’s protocol of interrogation of the Defendant against the Defendant is deleted.” Thus, it is identical to each corresponding column of the judgment of the court of the court below, and thus, it is cited in accordance with

Application of Statutes

1. Article 3(1), the proviso of Article 3(2)1, and Article 3(7) of the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”), Article 268 of the Criminal Act (the point of causing occupational negligence as of April 15, 2013), Article 152 Subparag. 1, and Article 43 of the Road Traffic Act (the point of driving without a license), Article 151 of the Road Traffic Act (the point of causing occupational negligence), Article 46(2)2, the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and Article 148-2(2) of the Road Traffic Act.