All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than nine months.

1. The defendant asserts that the reasoning of the appeal is too unreasonable because of the punishment of the second original adjudication decision (a prison term of eight months), and the prosecutor asserts that the punishment of the first original adjudication decision (a prison term of five million won) is too unfeasible and unfair.

2. Prior to the judgment on the grounds for appeal by the Defendant and the prosecutor ex officio, this Court decided to concurrently examine the appeal cases against the lower judgment. Each of the lower judgment against the Defendant is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, and a single sentence should be imposed within the term of punishment increased by concurrent crimes in accordance with Article 38(1) of the Criminal Act. Thus, the lower judgment cannot be maintained.

3. In conclusion, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the above ex officio grounds for reversal, and the following is again decided after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 284, Article 283(1) (a) of the Criminal Act, Article 136(1) (a) of the Criminal Act, Article 148-2(1)1, Article 44(1) (a) of the Road Traffic Act, Article 154 Subparag. 2, and Article 43 (a) of the Road Traffic Act, Article 46(2)2, and the main sentence of Article 8 (a) of the Guarantee of Automobile Compensation Act, as to the crime;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);

1. Selection of each sentence of imprisonment;

1. The Criminal Act for aggravated repeated crimes.