The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of three years and a fine of four million won.

The above fine shall be imposed on the defendant.

1. The summary of the grounds for appeal is too unreasonable that the punishment (three years of imprisonment with prison labor of the judgment of the court of first instance, and four million won of the judgment of the court of second instance) of the judgment below is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the appeal case against the judgment below was consolidated by examining ex officio prior to the judgment on the grounds for appeal for ex officio judgment, and each of the offenses in the judgment below is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and the judgment of the court below should be sentenced to a single sentence within the scope of a limited term of punishment, pursuant to Article 38(1) of the Criminal Act. Therefore, all of

3. According to the conclusion, without further proceeding to decide on the grounds for appeal by the defendant, all of them are reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the arguments are again ruled as follows.

[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. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of escape after occupational injury), Article 152 subparagraph 1 and Article 43 of the Road Traffic Act, Article 3 (1), the proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes ( mutually among the violations of the Act on Special Cases concerning the Settlement of Traffic Accidents);

1. As to the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the crime of violation of the Road Traffic Act, choice of imprisonment, violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and choice of fines for the crime of violation of the Road Traffic Act;

1. Aggravation of concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of aggregated of long-term punishments);

1. Articles 70 and 69 of the Criminal Act to attract a workhouse.