The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

1. Summary of grounds for appeal (unfair sentencing)

A. The sentence of the lower court (one year and six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Judgment on the grounds for appeal by the defendant and prosecutor ex officio shall be examined ex officio.

Article 148-2 (1) of the Road Traffic Act provides that a person who has violated Article 44 (1) of the same Act twice or more shall be punished by imprisonment with prison labor for not less than two years but not more than five years or by a fine not less than 10 million and not more than 20 million won. In such cases, where the court below intends to select imprisonment and sentence a defendant for a sentence of less than two years, it shall reduce the amount of imprisonment in accordance with Articles 53 and 55 (1) 3 of the Criminal

However, while sentencing one year and six months to the Defendant, the lower court erred by omitting discretionary mitigation in the application of statutes, thereby violating the minimum statutory penalty.

Therefore, the judgment of the court below is no longer maintained.

3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the grounds for ex officio reversal of the judgment below, and the following decision is delivered after oral argument.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, it is cited as it is 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 under the corresponding Act on the Criminal Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, Article 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Articles 148-2 (1) and 44 (1) of the Road Traffic Act (amended by Act No. 16037, Sep. 16, 2018) concerning the crime

1. Each of the provisions of Article 40 of the Criminal Code of Commercial Competition.