The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor (ten months of imprisonment) is too unhued and unfair.

B. The sentence imposed by the lower court is too unreasonable.

2. The lower court ex officio reversed each of the instant charges punished by applying Articles 148-2(2)2, 44(1), 152 subparag. 1, 43, 148, and 54(1) of the current Road Traffic Act (amended by Act No. 10790, Jun. 8, 201) to each of the instant charges.

However, since the date and time of the above facts charged on March 20, 201, prior to the enforcement of the amended Act, Articles 148-2 subparag. 1, 44(1), 152 subparag. 1, 43, 148, and 54(1) of the former Road Traffic Act (amended by Act No. 10790, Jun. 8, 201) shall apply.

The court below erred in the application of the law.

The judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act, without proceeding to decide on the grounds for appeal by the prosecutor and the defendant, and the following judgment is again rendered.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the statement in each corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Subparagraph 1 of Article 148-2, Article 44(1) of the former Road Traffic Act (amended by Act No. 10790, Jun. 8, 201; hereinafter the same shall apply), Article 152 Subparag. 1, and Article 43 of the former Road Traffic Act (amended by Act No. 10790, Jun. 8, 201); 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 former Road Traffic Act (amended by Act No. 10790, Jun. 8, 201);

1. Articles 40 and 50 of the Criminal Code for each ordinary competition (the crimes of violation of the Road Traffic Act and the violation of the Road Traffic Act (the crimes of driving without a license) shall be more severe;