The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

Article 46(2)2 of the former Guarantee of Automobile Compensation (amended by Act No. 12987, Jan. 6, 2015; hereinafter the same shall apply) and Article 8 of the former Guarantee of Automobile Compensation (amended by Act No. 12987, Jan. 6, 2015; hereinafter the same shall apply) shall apply to the crime of violation of the Guarantee of Automobile Compensation Act, which committed on January 5, 2013, prior to the enforcement date of the Guarantee of Automobile Compensation Act (amended by Act No. 12987, Jan. 6, 2015).

Nevertheless, the court below erred in applying Article 46(2)2 of the current Automobile Management Act ( statutory penalty: imprisonment with prison labor for not more than one year or a fine not exceeding ten million won) and the main sentence of Article 8 to this part of the crime.

However, this part of the facts charged and the remainder of the facts charged should be sentenced to a single punishment in relation to concurrent crimes under the former part of Article 37 of the Criminal Act. Accordingly, the judgment of the court below cannot be maintained any more.

3. Therefore, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument about sentencing, and the judgment below is reversed and it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment below, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after the injury of occupational negligence), Articles 148 and 54(1) of the Road Traffic Act (the point of non-measures after the injury of property) as to the crime, respectively.