We reverse the judgment of the court below.

The sentence against the accused shall be determined by one year and six months of imprisonment.

Summary of Grounds for Appeal

A. The sentence of the first lower judgment (two years of suspended execution for one year of imprisonment and forty hours of attending the compliance driving lecture) of the prosecutor’s first instance judgment is too uneasy and unreasonable.

B. The punishment of Defendant 2 lower court (one year of imprisonment) is too unreasonable.

We examine ex officio the reasons for appeal by the prosecutor and the defendant before determining ex officio.

This Court held two appeals cases against the defendant jointly and tried by the two original judgments, and since the crime in the decision of each original court is concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment shall be sentenced in accordance with Article 38(1) of the Criminal Act, the original judgment cannot be maintained any more.

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

Criminal facts

The summary of facts and evidence recognized by the court is the same as the corresponding column of each judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of sound driving), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act (the point of driving without a license) concerning the facts constituting an offense under the corresponding provision of the Act, and Articles 148 and 54 (1) of the Road Traffic Act (the point of taking measures to avoid an accident);

1. A punishment provided for in Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment imposed on a violation of the Road Traffic Act of September 3, 2014 and a violation of the Road Traffic Act of September 3, 2014, a violation of the Road Traffic Act of March 4, 2015, a violation of the Road Traffic Act of March 4, 2015, and a violation of the Road Traffic Act of which punishment is heavier, and a violation of the Road Traffic Act of which punishment is heavier);

1. Selection of each sentence of imprisonment;

1. Aggravation of concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the crime of violation of the Road Traffic Act with the largest punishment (the crime of failing to take any measures after the accident];