The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (e.g., 10 months of imprisonment, 2 years of suspended execution, and 160 hours of community service) imposed by the lower court is deemed to be too uneasible and unfair.

2. Before the judgment on the grounds for appeal by the prosecutor ex officio, we examine ex officio the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes among the facts charged in the instant case (amended by Act No. 15981, Dec. 18, 2018) among the facts charged in the instant case, the statutory punishment under Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 15981, Dec. 18, 2018) is “a imprisonment with prison labor for not more than ten years or a fine not less than 5 million, but not more than 30 million won.” However, the court below erred in applying the statutory punishment under Article 5-11 of the current Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 15981, Dec. 18, 2018) which is unfavorable to the defendant, and thus, the judgment of the court below is no longer upheld

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.

【Grounds for the Judgment of the Supreme Court which has been written] The facts constituting a crime and summary of evidence recognized by the court are identical to the facts constituting a crime in the original judgment, and the summary of evidence is identical to each corresponding column of the original judgment. Thus, they are cited in accordance with Article

Application of Statutes

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 15981, Dec. 18, 2018) and Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of driving a motor vehicle) of the former Act on the Aggravated Punishment, etc. of Specific Crimes for the relevant criminal facts and the choice of punishment;

1. Formal concurrence, Articles 40 and 50 of the Criminal Act, the choice of punishment, and the choice of imprisonment;

1. Concurrent Crimes.