The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

1. The summary of the grounds for appeal (a prison term of 10 months, a suspended sentence of 2 years, an order to attend a law enforcement lecture of 40 hours, and an order to provide community service of 120 hours), which the court below sentenced to the defendant, is too unfasible and unfair.

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

The lower court selected both imprisonment and aggravated concurrent crimes with respect to each of the crimes in its judgment.

Therefore, the crime of violation of the Road Traffic Act among the crimes as stated in the holding of the court below is a crime falling under Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, and the statutory punishment is one to three years. Thus, even if the punishment is aggravated for concurrent crimes in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the minimum sentence of the term of the punishment shall be at least one year as set forth in the above violation of the Road Traffic Act, even if the punishment is aggravated for concurrent crimes in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which are heavier than ten years.

However, the lower court, without reducing the amount of a small amount, sentenced a sentence exceeding the scope of the applicable sentences.

The judgment of the court below can no longer be maintained because it constitutes a case that affected the result of the judgment due to a mistake in the application of statutes.

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment of the court 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 identical to the facts stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury or injury caused by a dangerous driving), Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the crime;

1. Selection of each sentence of imprisonment;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Code of Aggravation of Concurrent Crimes.