The judgment of the court below is reversed.

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

However, for a period of two years from the date this judgment becomes final and conclusive.

1. The decision of the court below on the gist of the grounds for appeal (two years of suspended sentence of imprisonment for eight months, 40 hours of community service, and 40 hours of instruction of compliance driving) is too unreasonable.

2. Before the judgment on the grounds of appeal by the defendant ex officio, the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes as stated in the judgment of the court below (the principal sentence) is a imprisonment with prison labor for not less than one year or a fine not less than 5 million won but not more than 30 million won, and the crime of violation of the Road Traffic Act (the measures not to be taken after accidents) is a imprisonment with prison labor for not more than 5 years or a fine not exceeding 15 million won and a punishment for the above two crimes, which are in a commercial concurrent relationship with each other, shall be punished as prescribed by the Act on the Aggravated Punishment, etc. of Specific Crimes, for which punishment is heavier than 1 year, and if the court below selects imprisonment with prison labor for more than one year, but the sentence was sentenced to imprisonment with prison labor for less than the minimum sentence of the above punishment, which affected the conclusion of the judgment by misapprehending legal principles on the scope of the punishment, so the judgment of the court below is no longer maintained.

3. Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and the following is again decided after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment below, and thus, the summary of the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54(1) of the Road Traffic Act (the occupation of measures not taken after an accident);

1.Articles 40 and 50 of the Criminal Code of Trade and Trade (the punishment shall be heavier).