The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. From among the instant crimes, the crime of violation of the Road Traffic Act (driving) among the crimes of this case, is defined as imprisonment with prison labor for not less than one year but not more than three years, or as a fine not less than 5 million won but not more than 10 million won, and the lower court selected imprisonment and sentenced imprisonment with prison labor for not less than six months.

However, inasmuch as the lower limit of the punishment for the instant crime is one year, the lower court should have sentenced the Defendant, who did not have any legal reason for mitigation, to the above sentence, and sentenced the sentence beyond the scope of the punishment without omitting it, and thus, the lower court could no longer maintain the lower judgment in this respect.

3. Accordingly, the judgment of the court below is reversed ex officio pursuant to Article 364(2) and (6) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment of the court below is reversed, and it is again decided as follows through oral argument.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment below, 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) 1, Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1, and Article 43 of the Road Traffic Act, Article 46 (2) 2, the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, Article 80 subparagraph 1, and Article 5 of the Automobile Management Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crimes of violation of the Road Traffic Act and the violation of the Road Traffic Act (the crimes of unlicensed driving) shall be more severe;