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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.
Reasons
1. The summary of the grounds for appeal (one year of suspended sentence for six months of imprisonment and 40 hours of order to attend a compliance driving lecture) that the court below sentenced 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 a suspended sentence of one year for six months. However, pursuant to Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act, the statutory penalty for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes is "a fine of more than one year or a fine of more than five million won and less than three million won", and the statutory penalty for the violation of the Road Traffic Act under Article 148 and Article 54 (1) of the Road Traffic Act "a fine of not more than five years or less" is "a fine of not more than five million won" among the above crimes in a commercial concurrent relationship, where the court below sentenced the defendant to a suspended sentence of one year for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes against the victim H who was the largest punishment, the court below should have sentenced the sentence of imprisonment for a limited term of not less than 1 year but more than 30 years.
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's ex officio grounds for reversal of unfair sentencing, and the judgment below is reversed and it is so decided as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns 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. The aggravated punishment, etc. of specific crimes as provided in the corresponding laws regarding criminal facts.