The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, for three years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (one year of imprisonment, two years of suspended execution, and 80 hours of community service order) declared by the court below is too uneasy and unreasonable.

2. We examine ex officio the grounds for appeal by the prosecutor before determining the grounds for appeal.

The lower court determined that the crime of violation of the Road Traffic Act (Refusal of measurement) against the Defendant and the crime of violation of the Guarantee of Automobile Accident Compensation Act are in a commercial concurrent relationship.

However, each of the above crimes is a separate crime that differs from the legislative intent, legal interest and application area, and is in substantive competition relation.

Therefore, the judgment of the court below is erroneous in the misapprehension of legal principles as to the relation of acceptance of crime, which affected the conclusion of the judgment.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's argument of unfair sentencing, and the judgment below is again decided as follows.

[Discied Judgment] Criminal facts and summary of evidence recognized by the court are identical to each corresponding column of the judgment of the court below, and thus, they are quoted as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (2) and 44 (2) of the Road Traffic Act (a point of refusing to take a direction), 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, and choice of imprisonment for each sentence;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2(1) of the Criminal Act and Article 59(1) of the Probation, etc. Act, the Defendant committed each of the instant crimes again even though he was previously punished several times, including drinking and unlicensed driving, and suspended execution due to the operation of vehicles without mandatory insurance.