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 is unreasonable because the punishment of imprisonment with prison labor for one year, three years of suspended execution, and 40 hours of order to attend a law-abiding driving lecture, which the court below sentenced to the defendant, is too uneasible

2. We examine ex officio prior to the judgment of the prosecutor on the grounds of appeal by ex officio, and the court below judged that the relation between each of the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury resulting from Dangerous Driving) and the crime of violation of the Road Traffic Act is an ordinary competition. However, each of the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury resulting from Dangerous Driving) of this case is an ordinary competition, and it is reasonable to view that the crime of this case and the crime of violation of the Road Traffic Act are a substantive competition.

Therefore, the judgment of the court below is erroneous in the misapprehension of legal principles as to the number of crimes.

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 allegation of unfair sentencing, and the judgment below is reversed and it is again decided as follows.

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 of the court 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, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, as to the crime committed under the corresponding Act;

1. Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes, the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes) against victims E with the largest