The judgment of the court below is reversed.

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

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the court below sentenced the defendant to 10 months of imprisonment, and the court below sentenced the defendant to 10 months of imprisonment. Since the statutory penalty for the crime of violation of the Road Traffic Act as stated in the judgment of the court below is that the minimum sentence of imprisonment is not less than one year pursuant to Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the court below should have sentenced the above punishment for the defendant who did not have any legal grounds for mitigation, even though the court below sentenced the punishment exceeding the scope of the punishment without omission

Therefore, the judgment of the court below is no longer maintained in this respect.

3. Accordingly, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of the above ex officio reversal, and the judgment below is again decided as follows.

Criminal facts

The summary of the facts and evidence recognized by the court is the same as the corresponding column 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 committed under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of a sound driving), and subparagraphs 1 and 43 of Article 152 of the same Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes, the punishment provided for in 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, the Act on the Aggravated Punishment, etc. of Specific Crimes against D of the largest penalty,

1. Selection of penalty: