All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

1. The summary of the grounds for appeal (an unfair form of punishment) of the original judgment (an imprisonment with prison labor for 1 year and 6 months) is too unreasonable.

2. Determination 1 ex officio) The court of the first instance decided to hold concurrent hearings of each appeal case of the judgment below. The judgment below, in relation to concurrent crimes under the former part of Article 37 of the Criminal Act, should have rendered concurrent judgments pursuant to Article 38(1) of the Criminal Act and simultaneously sentenced a single sentence within the scope of the term of punishment aggravated for concurrent crimes. In this respect, all of the judgment below can not be maintained. 2) The crime of violation of the Road Traffic Act in the judgment of the second judgment, which falls under Articles 148-2(1)1 and 44(1) of the Road Traffic Act, is a crime falling under Articles 148-2(1) and 14(1) of the Road Traffic Act, and the statutory penalty of which is between 1 and 3 years or between 5 and 10 million won, should have been sentenced to discretionary mitigation in accordance with Articles 53 and 55(1)3 of the Criminal Act.

However, while sentencing six months to the accused, the lower court erred by omitting discretionary mitigation in the application of statutes, thereby violating the statutory minimum limit.

3. The judgment of the court below is reversed in its entirety pursuant to Article 364(2) of the Criminal Procedure Act, without examining the defendant's assertion of unfair sentencing, on the grounds of the above ex officio reversal, and the following is again decided through pleading.

Punishment of the crime

On September 5, 2008, the Defendant was sentenced to a fine of two million won for the crime of violating the Road Traffic Act at the Suwon District Court on September 5, 2008, and was sentenced to a fine of two million won for the crime of violating the Road Traffic Act (driving) and the violation of the Road Traffic Act (driving without a license) at the Pyeongtaek District Court on October 4, 201.

[2013Kadan83] The Defendant around 22:50 on October 18, 2012, around 22:50, around 2012, approximately 2 km from the day before the establishment of a mutually unsured net boomed local fed local fed local fed local fed local fed local f.m. to the road of the same Eup f.m. local f.