The judgment below is reversed.

A defendant shall be punished by imprisonment for six months.

Summary of Grounds for Appeal

The punishment of the court below (six months of imprisonment) is too unreasonable.

The crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes among the instant crimes for ex officio determination is a crime falling under Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act, and the statutory penalty is stipulated as imprisonment for a limited term of more than one year or a fine of more than 5 million won but not more than 30 million won, and the lower court selected imprisonment and sentenced imprisonment for six months

However, inasmuch as the lower limit of the punishment for the instant crime is one year, the lower court should have sentenced the Defendant, who did not have any legal reason for mitigation, to the above sentence, and sentenced the sentence beyond the scope of the punishment without omitting it, and thus, the lower court could no longer maintain the lower judgment in this respect.

Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that the above ground for reversal exists, and the judgment below is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the violation of the Road Traffic Act (the crimes committed after the accident) shall be more severe;