All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

1. Summary of grounds for appeal;

A. Defendant (hereinafter “Defendant 2”)’s imprisonment (one year of imprisonment”) No. 2 of the lower court is too unreasonable.

B. The first sentence of the lower court (a fine of three million won) and the second sentence of the lower court (a fine of three million won) on the prosecutor’s (an unreasonable sentencing on the first and second judgment) are deemed to be too uneasible and unfair.

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

This Court decided to consolidate the appeal cases against the judgment of the court below Nos. 1 and 2.

The judgment of the court below in the first and second judgment is a concurrent crime under the former part of Article 37 of the Criminal Act, and thus, one punishment should be sentenced pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below in the first and second judgment cannot be maintained.

3. The judgment of the court below Nos. 1 and 2 is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the Defendant and the prosecutor’s allegation of unfair sentencing, and the judgment below is reversed in entirety, and it is again decided as follows, through pleading.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are as stated in 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. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act; and

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment imposed on the crimes of violation of the Road Traffic Act by July 8, 2016 and the crimes of violation of the Road Traffic Act by July 8, 2016, and a punishment imposed on the crimes of violation of the Road Traffic Act with heavier punishment);

1. Selection of each sentence of imprisonment;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Period of punishment by law: Imprisonment for one year to four years;

2. Determination of sentence: One year of imprisonment;

3. The reasons for sentencing are as follows: