All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment with prison labor for a year and a fine of three hundred thousand won.

The defendant above.

1. The main point of the grounds for appeal is that the punishment of the lower court (one year, and six months and 300,000 won by imprisonment without prison labor) is too unreasonable.

2. After the judgment of the court below was rendered on the defendant's ex officio determination, the defendant filed an appeal against each judgment of the court below, and this court tried both appeals jointly.

However, since the first and second judgment against the defendant is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, one punishment should be imposed pursuant to Article 38(1) of the Criminal Act, the first and second judgment cannot be maintained as it is.

3. Accordingly, the court below's decision is reversed in its entirety under Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground of the above ex officio reversal, and it is so decided as follows.

【Grounds for the Judgment of the Supreme Court which has been written] The facts constituting a crime and summary of evidence recognized by the court are identical to the facts constituting a crime and summary of evidence, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, Article 3 (1), the proviso of Article 3 (2) and Article 3 (7) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act concerning criminal facts;

1. The provisions of Articles 40 and 50 of the Criminal Act (the provisions of Articles 40 and 50 of the Act on Special Cases concerning the Settlement of Traffic Accidents).

1. Imprisonment with prison labor for a crime of violation of the Road Traffic Act, a punishment by imprisonment without prison labor for a crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and a fine for a crime of violation of the Road Traffic Act, respectively;

1. Article 35 (Crime of Violation of the Road Traffic Act and the Act on Special Cases concerning the Settlement of Traffic Accidents) of the Criminal Act among repeated crimes: