The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Summary of Grounds for Appeal

The punishment of the court below (six months of imprisonment) is too unreasonable.

The crime of violation of the Road Traffic Act among the crimes in this case of ex officio determination is a crime falling under Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, and the statutory penalty is stipulated as imprisonment for not less than one year but not more than three years, or a fine not less than 5 million won but not more than 10 million won. The court below selected imprisonment and sentenced imprisonment for not more than six months.

However, inasmuch as the lower limit of the punishment for the instant crime is one year, the lower court should have sentenced the Defendant, who did not have any legal reason for mitigation, to the above sentence, and sentenced the sentence beyond the scope of the punishment without omitting it, and thus, the lower court could no longer maintain the lower judgment in this respect.

Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and the judgment of the court below is reversed, and it is again decided as follows, on the ground of the above ex officio reversal.

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. Grounds for failure to take measures after an accident corresponding to the relevant provision of the Road Traffic Act: The point of driving under the influence of alcohol pursuant to Articles 148 and 54 (1) of the Road Traffic Act: The point of driving under the influence of alcohol without a license pursuant to Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act: Article 152 subparagraph 1 and Article 43

1. The punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (the punishment imposed on the crimes of violation of the Road Traffic Act, the crimes of violation of the Road Traffic Act, and the crimes of violation of the Road Traffic Act with a higher punishment);

1. Selection of imprisonment with prison labor chosen;

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

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are below.