The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable.

2. Judgment on the grounds for appeal by the defendant ex officio shall be examined ex officio.

Article 148-2 (1) of the Road Traffic Act provides that a person who has violated Article 44 (1) of the same Act twice or more shall be punished by imprisonment with prison labor for not less than two years but not more than five years or by a fine not less than 10 million and not more than 20 million won. In such cases, where the court below intends to select imprisonment and sentence the accused a punishment for less than two years, it shall reduce the amount of imprisonment in accordance with Articles 53 and 55 (1) 3 of the Criminal Act

However, while sentencing one year to the accused, the lower court erred by omitting discretionary mitigation in the application of statutes, thereby violating the minimum statutory penalty.

Therefore, the judgment of the court below is no longer maintained.

3. 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 grounds that the court below made an ex officio reversal as seen above, and the following decision is delivered

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 151 of the Road Traffic Act, Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, Articles 148 and 54 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the crime of causing bodily injury and the crime of violating the Road Traffic Act) shall be more severe.