The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Summary of Grounds for Appeal

The punishment of the lower court (eight months of imprisonment) is too unreasonable.

This paper examines ex officio prior to the judgment on the grounds for appeal by the defendant for ex officio judgment.

The court below applied Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act to the defendant's crime of violation of the Road Traffic Act and the violation of the Road Traffic Act, which is the defendant's crime of this case. The above crimes are crimes of ordinary concurrent crimes, and the punishment for the violation of the Road Traffic Act, which is heavier than the punishment, was imposed, and the defendant selected a statutory punishment for the crime of violation of the Road Traffic Act, and sentenced the defendant for eight months.

However, the lower limit of imprisonment with labor for the crime of violation of the Road Traffic Act in this case is one year. However, in order to sentence the defendant who does not have any legal reason for mitigation, the lower court, despite having to reduce the sentence, sentenced the defendant to a punishment exceeding the applicable sentencing range without omitting it, so the lower court’s judgment was no longer maintained in this respect.

If so, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground of ex officio reversal, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 of the Criminal Act for discretionary mitigation.