All judgment of the court below shall be reversed.

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

1. Summary of grounds for appeal;

A. The punishment of the lower court for each of the Defendants (the first instance judgment: imprisonment with prison labor for one year, and fines for negligence for 3,000,000) is too unreasonable.

B. The lower court’s sentence No. 2 of the Prosecutor is too unhued and unreasonable.

2. Prior to the judgment on the grounds for ex officio appeal, two appeals cases were joined in the first and second trials before the judgment on the grounds for ex officio appeal. Each of the offenses in the first and second trials against the Defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one sentence should be imposed pursuant to Article 38(1) of the Criminal Act. As such, the judgment of the court below was unable to be maintained as it is.

3. The lower court’s conclusion is reversed in its entirety pursuant to Article 364(2) of the Criminal Procedure Act, without examining the aforementioned ex officio grounds for reversal. In so doing, the lower court’s judgment is reversed and it is so decided as per Disposition by the assent of all participating Justices on the bench and the Prosecutor.

【The reasoning of the judgment in its entirety 【The facts of the crime and the summary of the evidence admitted by the court below 】 The summary of the facts of the crime and the summary of the evidence are as follows: (a) the “victim G” in the facts of the crime of the judgment of the court of first instance as “victim H”; and (b) the summary of the evidence of the first instance judgment as “1. Investigation Report (Listening to the statement by the relevant victims, such as the process of the accident, etc.)” is added to the summary of the evidence of the first instance judgment; and (c) the facts of the crime of the judgment in the second instance as stated in each corresponding column except

Application of Statutes

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act (the point of escape after occupational injury and injury), Articles 148 and 54 (1) of the Road Traffic Act (the point of non-measures after damage) and Articles 152 subparagraph 1 and 43 of the Road Traffic Act (the point of non-licenseless driving) concerning the crime;

1. Crimes provided for in Articles 40 and 50 of the Criminal Act (the Act on the Aggravated Punishment, etc. of Specific Crimes and the Violation of Road Traffic Act).