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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
1. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the records show that the defendant was sentenced to a suspended sentence of 2 years, 80 hours of community service order and an order to attend a law-abiding driving lecture for 40 hours on July 31, 2013. The above judgment of the court below is established on the following grounds: (a) the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused by Dangerous Driving) and the latter part of Article 37 of the Criminal Act are concurrent crimes under the latter part of Article 39 (1) of the Criminal Act; and (b) the crime of violation of the Road Traffic Act and the Road Traffic Act and the latter part of Article 37 of the Criminal Act are concurrent crimes with the above judgment; and (c) the defendant is sentenced to a suspended sentence of 2 years, 80 hours of community service and the order to attend a law-abiding driving lecture for 40 hours of time; and (d) the court below has no further determined the sentence after examining whether the sentence should be mitigated or exempted.
3. In conclusion, the judgment below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant, and the judgment below is reversed and it is again decided as follows.
Criminal facts
The summary of the evidence and the facts charged by the court and the summary of the evidence are as follows. The defendant is sentenced to six months of imprisonment in the first head of the crime in the judgment of the court below. The defendant is sentenced to the punishment of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury resulting from Dangerous Driving) and the Road Traffic Act (FSC) and the crime of violation of the Road Traffic Act (FSC).