The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

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

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for not less than 10 years, community service hours, and 40 hours during a compliance driving course) of the lower court is too uneasible and unreasonable.

2. The prosecutor's grounds of appeal are examined ex officio prior to the judgment.

In October, the court below sentenced the defendant to a suspended sentence for two years. Since the statutory penalty for the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes, which is the most severe punishment is imprisonment for one year or more, and thus, in order to sentence the defendant who does not have any legal grounds for mitigation, the court below should have mitigated the sentence. However, the court below omitted it and found the defendant guilty of having sentenced the punishment beyond the applicable scope, so the judgment of the court below was no longer maintained in this respect.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, and it is again decided as follows after oral argument.

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 of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, Articles 31 (1) and 151 (1) of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (a punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes and the Act on the Aggravated Punishment, etc. of Specific Crimes, and a punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes, which

1. Selection of each sentence of imprisonment;