The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The sentencing of the lower court (two months of imprisonment, two years of suspended execution, etc.) is deemed to be too unhued and unfair.

2. We examine ex officio prior to the judgment on the grounds for appeal for ex officio determination.

The court below selected both imprisonment and aggravated concurrent crimes with respect to each of the crimes in its holding.

However, with respect to the crime of violation of the Road Traffic Act (driving) in the judgment of the court below, imprisonment with prison labor for not less than one year but not more than three years has been set as statutory penalty.

Therefore, even if the punishment is more severe, the lower limit of the term of punishment should not be less than one year as provided for the violation of the Road Traffic Act.

However, the lower court did not render discretionary mitigation (including statutory mitigation) and sentenced a sentence beyond the scope of the punishment.

The judgment of the court below was no longer maintained because it was erroneous in the application of the law and affected the result of the judgment.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, and it is again decided as follows after oral argument.

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. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act (the point of a sound driving), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act for each of the ordinary concurrent crimes (Article 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes against Victims who are the largest number of crimes).