The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

1. The sentence imposed by the court below (one year and four months of imprisonment) is too unreasonable.

2. Judgment on the grounds for appeal by the defendant ex officio shall be examined ex officio.

Article 148-2 (1) of the Road Traffic Act provides that a person who has violated Article 44 (1) of the same Act twice or more shall be punished by imprisonment with prison labor for not less than two years but not more than five years or by a fine not less than 10,000 won but not more than 20,000 won, and the court below shall reduce the amount of imprisonment with prison labor in accordance with Articles 53 and 55 (1) 3 of the Criminal Act if the court below selected the defendant and sentenced the defendant

However, since the court below sentenced the defendant to imprisonment with prison labor for one year and four months, omitted discretionary mitigation in the application of the law, there is an error of law affecting the conclusion of the judgment.

3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of ex officio reversal, and the judgment below is again ruled as follows.

[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 of the court below, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act, Articles 258-2 (1) and 257 (1) of the Criminal Act that prescribes the applicable provision for the crime, the choice of punishment (a point of special injury), Articles 148-2 (1) and 44 (1) of the Road Traffic Act (a point of sound driving) and subparagraphs 1 and 43 of Article 152 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor for a crime of violation of the Road Traffic Act;

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

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation seems to be that the accused is aware of his/her mistake and reflects it, and the victim agrees with the victim of special injury.