The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

The summary of the grounds for appeal by the defendant is that the punishment (six months of imprisonment) imposed by the court below is too unreasonable, but it is considered ex officio before determining the grounds for appeal.

The Defendant’s offense of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the main sentence) is a crime falling under Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the statutory penalty is a imprisonment with prison labor for at least one year or a fine of at least 5 million won but not exceeding 30 million won, and thus, the Defendant’s sentence of imprisonment with prison labor for less than one year must be subject to statutory mitigation or reduction.

In this regard, the lower court sentenced the Defendant to a punishment that deviates from the scope of the applicable sentences by sentencing six months of imprisonment with prison labor without statutory mitigation or reduction of the amount of punishment, and thus, the lower court’s judgment is no longer maintained in this regard.

Therefore, the judgment of the court below shall be reversed in accordance with Article 364 (2) and (6) of the Criminal Procedure Act, and the judgment shall be rendered again after pleading as follows.

Criminal facts

In addition to the addition of the "motor vehicle driver's license register" to the summary of the evidence of the court below and the summary of the evidence, it is identical to each corresponding column of the court below, and thus, it is quoted in accordance with Article 369 of the Criminal

Application of Statutes

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes against the crime under the relevant provision of the Act on the Aggravated Punishment, etc. of Specific Crimes (domain sentence): Violation of Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 268 of the Criminal Act (unnecessary measures after an accident): Violation of the Road Traffic Act under Articles 148 and 54 (1) of the Road Traffic Act: Violation of the Road Traffic Act under Articles 152 subparagraph 1 and 43 of the Road Traffic Act: Article 151 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of penalty of imprisonment or imprisonment without prison labor;

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

1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of amount of punishment (the Defendant’s mistake is in depth and the instant case)