The judgment of the court below is reversed.

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

1. The sentence of the lower court to the accused (ten months of imprisonment) against the summary of the grounds for appeal is too unreasonable;

2. Before the judgment on the grounds for appeal by the Defendant ex officio, pursuant to Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, the legal provisions applicable to the crime of this case and statutory punishment are imprisonment for not more than 10 years or a fine not less than 5 million and not more than 30 million won. According to Articles 148-2(1)1 and 44(1) of the Road Traffic Act, the punishment is either imprisonment for not less than 10 years but not more than 3 years, or a fine not less than 5 million won and not more than 10 million won.

The court below selected each one for the punishment of concurrent crimes and added the weight of concurrent crimes. The main sentence of Article 38(1)2 of the Criminal Act concerning the punishment of concurrent crimes provides that where the punishment specified for each crime is of the same kind other than death penalty, life imprisonment, or imprisonment without prison labor for life, the maximum term or maximum amount for the most severe crime shall be increased by one half thereof; however, the total of the maximum term or maximum amount of the punishment specified for each crime shall not exceed the total of the aforesaid minimum term or amount, and there is no express statement as to such minimum term, but when the short term of the punishment specified for the most severe crime is heavier than the minimum term of the punishment specified for the most severe crime, in light of the purport of the above main sentence

(Supreme Court Decision 84Do2890 delivered on April 23, 1985). The lower court’s judgment that sentenced ten months of imprisonment with labor for less than the lower limit of the above applicable sentences without discretionary mitigation is unlawful, and in this respect, the lower limit of the applicable sentences is at least one year, which is the lower limit of the punishment prescribed in the Road Traffic Act, and the upper limit of the punishment is not more than 13 years, within the scope of the sum of the maximum punishment of the above two crimes.

3. Accordingly, the judgment of the court below is without examining the defendant's assertion of unfair sentencing since the above reasons for reversal of authority are the above reasons.