All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

provided that this ruling has become final and conclusive.

1. Summary of grounds for appeal (unfair sentencing)

A. The sentence of the first instance court (one year, etc. of the suspended execution of imprisonment for three months) by the prosecutor is too unhued and unreasonable.

B. The sentence of the second instance court (two years of the suspended sentence of imprisonment for six months) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal.

The first and second original judgments were rendered against the defendant, and the prosecutor filed each appeal against the second original judgment, and this court decided to hold the first and second original judgments together with the case of the second and the second original judgment.

Since each crime of the first and second original judgments is a concurrent crime under the former part of Article 37 of the Criminal Act, one punishment should be sentenced pursuant to Article 38(1) of the Criminal Act, the first and second original judgments cannot be maintained any more.

3. The judgment of the court of first and second instances on the grounds of the above ex officio reversal is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining each of the alleged unfair sentencing by the public prosecutor and the defendant, and the judgment below is again reversed in accordance with the arguments and arguments.

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence are identical to facts constituting a crime and summary of evidence recognized by the court, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 152 of the Road Traffic Act and Articles 152 subparagraph 1 and 43 of the same Act concerning the punishment for a crime;

1. Probation under the former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the Act on the Suspension of Execution of Article 62 (1) of the Criminal Act (Consideration favorable to the defendant among the reasons for sentencing under the following subparagraph), the reasons for sentencing under Article 62-2 of the Act on the Punishment of Concurrent Crimes;

1. Scope of applicable sentences under law: Imprisonment with labor for one month to one year and six months;

2. Non-application of the sentencing criteria: The sentencing criteria are not set for the crimes of violating the Road Traffic Act.

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