The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Summary of Grounds for Appeal

The sentence of the court below (the imprisonment with labor for 10 months) is too unreasonable.

The court below's sentence of the prosecutor (e.g., e., e., e., e.g.

According to the records of ex officio determination, the Defendant was sentenced to eight months of imprisonment for a crime of violation of the Road Traffic Act in the Daejeon District Court’s Branch on September 26, 2012, and completed the execution of the sentence on May 26, 2013. The lower court selected imprisonment for each of the crimes of this case committed within three years from the completion of the execution of the sentence as above and omitted for repeated crime.

In addition, the crime of violation of the Road Traffic Act as stated in the judgment of the court below is a crime falling under Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, and the statutory penalty is imprisonment for not less than one year but not more than three years, or a fine not less than 5 million won but not more than 10 million won. Thus, in order for the court below to sentence the defendant to a sentence of imprisonment for a term of less than one year, it should have been sentenced to discretionary mitigation in accordance with Articles 53 and 55 (1) 3 of the Criminal Act. The court below erred by omitting discretionary mitigation in the application of the Act and subordinate statutes against the defendant by omitting discretionary mitigation.

In this respect, the judgment of the court below cannot be maintained as it is.

The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed, and it is again decided as follows, without examining the above grounds for ex officio reversal.

Criminal facts

The summary of facts constituting an offense and evidence recognized by this court shall be as shown in the respective columns of the judgment below.

Article 369 of the Criminal Procedure Act is quoted as it is.

Application of Statutes

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act;

1. The Commercial Concurrent Crimes Act.