A defendant shall be punished by imprisonment for four months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

A. The Defendant’s grounds for appeal (including six months of imprisonment without prison labor) that the lower court rendered is too unreasonable.

B. Since the court below sentenced the defendant to six months of imprisonment without prison labor for concurrent crimes violating the Act on Special Cases concerning the Settlement of Traffic Accidents and the Guarantee of Automobile Accident Compensation Act, the court below erred by violating Article 38 (2) of the Criminal Act or by improper determination of the sentence, which affected the conclusion of the judgment.

2. Determination

A. Article 38(1)2 of the Criminal Act provides that “When concurrent crimes are adjudicated at the same time, the punishment specified for each crime shall be aggravated by one half of the maximum term or maximum amount for the most severe crime, other than death penalty, imprisonment for life, or imprisonment without prison labor for life, but shall not exceed the total of the maximum term or maximum amount of the punishments specified for each crime,” and Article 38(2) of the Criminal Act provides that “in cases falling under any subparagraph of the preceding paragraph, imprisonment and imprisonment without prison labor shall be punished by imprisonment for the same kind of punishment.”

B. Nevertheless, the court below erred by misapprehending the legal principles under Article 38(2) of the Criminal Act that the court below selected a imprisonment without prison labor for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and aggravated punishment for concurrent crimes by selecting imprisonment for the violation of the Guarantee of Automobile Accident Compensation Act.

3. If so, the prosecutor's appeal contains grounds for misunderstanding of legal principles. Thus, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and the following decision is rendered, without omitting the determination of the defendant and prosecutor's grounds

Criminal facts

The summary of the facts charged and the evidence admitted by the court against the defendant is the same as the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Act concerning the facts constituting the crime;