The judgment below

The guilty portion shall be reversed.

Of the facts charged in the instant case.

1. Scope of the trial of the political party, and a summary of the grounds for appeal;

A. The lower court rendered each judgment to dismiss the prosecution against the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and the violation of the Road Traffic Act (Aggravated Punishment, etc. of Specific Crimes) and the violation of the Guarantee of Automobile Accident Compensation Act.

However, as to the conviction portion of the court below, only the defendant appealed on the ground of mistake of facts and unreasonable sentencing, while the dismissal portion of the court's prosecution is separated as it is because the defendant and the prosecutor did not appeal all, the scope of the court's judgment is limited to

B. The summary of the grounds for appeal (1) In the lower court’s judgment, the Defendant stated that he was a person who driven a passenger car as stated in the judgment of the lower court at that time (hereinafter “instant vehicle”).

However, at the time of fact, the driver of the instant vehicle is K, and K is the same as he/she is detained when he/she has a large amount of criminal records and is present at an investigative agency during the period of repeated crime, so that he/she is driven by the Defendant, and the defendant has made a false statement that he/she is driving

Nevertheless, the judgment of the court below which convicted the defendant as to this part is erroneous in misconception of facts.

(2) The sentence of imprisonment (eight months of imprisonment) imposed by the lower court on the Defendant is too unreasonable.

2. Determination

A. On February 10, 2012, the summary of this part of the facts charged was sentenced to three years of suspension of the execution of imprisonment for one year as a crime of violating the Narcotics Control Act, etc. at the Incheon District Court’s Branch Branch on February 10, 2012, and the judgment became final and conclusive on February 18, 2012. However, on March 8, 2013, the said suspended sentence was revoked, and the execution of the sentence was completed at the Seoul Detention Center on December 28, 2013.

(1) The Defendant violates the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles) and the Road Traffic Act (Non-accidenting Measures).