The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment shall be imposed for three years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (a prison term of three years of probation, a probation order, a community service order of 300 hours, and an order to attend a compliance driving lecture of 40 hours) of the lower court is too heavy or unreasonable;

2. The proviso of Article 62(1) of the Criminal Act provides that a suspended sentence may not be imposed on a crime committed during the period of three years after a judgment sentencing imprisonment without prison labor or more severe punishment became final and conclusive or after exemption from the execution thereof is rendered ex officio prior to the judgment as to the grounds for appeal by the defendant for ex officio judgment and the prosecutor, and the proviso of Article 62(1) of the Criminal Act provides that a suspended sentence may not be imposed on the crime committed during the period of three years after the completion or exemption of the execution thereof. The above "a sentence higher than imprisonment without prison labor" includes not only

(See Supreme Court Decision 88Do824 delivered on October 10, 1989, etc.). In addition, when a sentence is imposed on a crime committed during the period of probation, a case which meets the requirements under the proviso of Article 62(1) of the Criminal Act, which provides for the grounds for disqualification for the suspension of execution, shall be limited to the case where the suspension of execution is already invalidated or revoked, and where the sentence remains effective due to the absence of the period of suspension of execution, and where the period of suspension of execution has expired without the lapse of the period of suspension of execution, it is difficult to regard the case where the sentence has already ceased to be effective, and it is difficult to present the concept of completion of execution or exemption of execution as it does not meet the requirements under the above proviso. Thus, even if the crime is committed during the period of suspension of execution, if the period of suspension of execution has expired without cancellation of the period of suspension of execution, a sentence of suspension of execution may be again rendered.

Supreme Court Decision 2007No. 8, Feb. 8, 2007