The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., one year of imprisonment) is too uneased and unreasonable.

2. The crime of violation of the Road Traffic Act as stated in the judgment of the court below ex officio is a crime falling under Articles 148-2 (1) and 44 (1) of the Road Traffic Act, and the statutory penalty is two to five years, or a fine not less than ten million and not more than twenty million won. Thus, if the court below intends to select a criminal sentence and sentence the defendant for a punishment less than two years, the amount of punishment shall be mitigated pursuant to Articles 53 and 55 (1) 3 of the Criminal Act.

However, while sentencing one year to the accused, 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 can no longer be maintained.

3. Therefore, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, and the following decision is made through oral argument.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3(1) and proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2(1) and Article 44(1) of the Road Traffic Act, Article 151 of the Road Traffic Act, Article 283(1) of the Criminal Act, Article 283(1) of the Criminal Act, Article 144(1) and Article 136(1) of the Criminal Act, Article 40 of the Criminal Act for the regular concurrent crimes [Article 144(1) of the Criminal Act, Article 136(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents (the crime of causing bodily injury and the crime of causing bodily injury by occupational negligence), Article 148-2(1) and Article 44(1) of the Road Traffic Act (the crime of causing bodily injury by occupational negligence), Article