1. According to the proviso of Article 62(1) of the Criminal Act, in a case where a sentence of imprisonment without prison labor or heavier punishment is imposed on a crime committed during a period of three years after the execution of the sentence becomes final and conclusive, the execution of the sentence may not be suspended.

2. According to the reasoning of the lower judgment and the evidence duly admitted by the lower court, the Defendant was sentenced to eight months of imprisonment for a violation of the Punishment of Violences, etc. Act (a collective weapon, etc.) at the Cheongju District Court on October 22, 2010 and completed the execution of the sentence at the Cheongju Prison on May 14, 201, and the offense of violation of the Road Traffic Act and the Guarantee of Automobile Compensation Act, which was found guilty at the lower court, committed on November 12, 2013, which was within three years from the date of the execution of the sentence.

Therefore, the execution of a sentence cannot be suspended where a sentence is sentenced for each of the above crimes which are found guilty in the original judgment.

Nevertheless, the lower court erred by misapprehending the legal doctrine regarding the disqualifications for suspended execution while sentencing imprisonment with prison labor for each of the above crimes.

3. Therefore, the lower judgment is reversed, and the case is remanded to the lower court for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices on the bench.