The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. Summary of grounds for appeal;

A. The sentence of the lower court (four months of imprisonment) is too unreasonable.

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

2. From among the instant crimes, the statutory penalty for the crime of violation of the Road Traffic Act among the crimes of this case, is a crime falling under Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the statutory penalty is a imprisonment with prison labor for not less than six months but not more than one year or a fine not less than three million and not more than five million won, and thus, in order to sentence imprisonment with prison labor for less than six months after selecting the defendant who did not have any legal grounds for mitigation, a discretionary mitigation should have been made pursuant to Articles 53 and 55 (1) 3 of the Criminal Act.

Nevertheless, the lower court erred by having sentenced four months of imprisonment with prison labor exceeding the scope of the punishment, without omitting such discretionary mitigation.

Therefore, the judgment of the court below cannot be maintained as it is.

3. Accordingly, the judgment of the court below is reversed under Article 364 (2) of the Criminal Procedure Act without examining the defendant and the prosecutor's allegation of unfair sentencing, and the judgment below is reversed and it is again decided as follows.

[Discied Judgment] Criminal facts and summary of evidence recognized by the court are identical to facts constituting a crime and summary of evidence, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, the Article 148-2 (2) 2 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act concerning the crime concerned and the choice of punishment for each specific crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (only between the crimes of bodily injury resulting from dangerous driving)

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation.