The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

provided, however, that the sentence shall be imposed for two years from the date this judgment becomes final and conclusive.

The Defendant appealed that the lower court’s punishment is heavy.

The lower court determined

Considering the various circumstances shown in the oral argument, the main sentence of the lower court does not seem to be unreasonable.

However, considering that the defendant's mistake is divided in depth, family relations, and the defendant's current pregnancy status, community service for 200 hours seems to be somewhat unreasonable.

The judgment below is reversed and the punishment is re-determined.

Criminal facts

The summary of the judgment of the court below is identical to each corresponding column of the judgment below, and thus, it is accepted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 15981, Dec. 18, 2018); Articles 148-2(2)2 and 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018) concerning criminal facts. Determination of imprisonment with prison labor for each of the following matters:

1. Aggravation of concurrent crimes among concurrent crimes as provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (the lowest sentence shall be applicable to the punishment determined for the violation of the Road Traffic Act, within the scope of the sum of the long-term punishments of the crimes stipulated in the Act on the Aggravated Punishment, etc. of Specific Crimes, which are heavier than the punishment, and the punishment shall be aggravated;

1. Article 62 (1) of the Criminal Act;

1. Order to attend lectures under Article 62-2 of the Criminal Act;