The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

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

1. The summary of the grounds for appeal (unfair sentencing) that the lower court sentenced the Defendant (two years of suspended sentence in the month of imprisonment with prison labor) is too unreasonable.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant for an ex officio judgment.

The crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the judgment of the court below is a crime falling under Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the statutory punishment is imprisonment for not more than 10 years or a fine not less than 5 million won but not more than 30 million won, and the crime of violation of the Road Traffic Act in the judgment of the court below is a crime falling under Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act and the statutory punishment is a fine not less than 1 year but not more than 3 years, or a fine not less than 5 million won but not more than 10 million won. Thus, in order to sentence the defendant to a more than one year after concurrent crimes, the punishment shall be mitigated pursuant to Article 53 (1) 3 of the Criminal Act.

In this regard, the lower court, without reducing the amount of a small amount, sentenced the Defendant to a suspended sentence of 2 years in prison for a period of 8 months, thereby having sentenced the lower court to a lower sentence than the lower sentence.

Therefore, the judgment of the court below is erroneous in the misunderstanding of legal principles, which affected the conclusion of the judgment.

3. If so, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below. Thus, it is subject to Article 369 of the Criminal Procedure Act.