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.

The summary of the grounds for appeal (unfair punishment) sentenced by the court below is too unreasonable.

According to Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, the statutory penalty for the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes is "a imprisonment of one year or more, or a fine of five million or more, but not less than 30 million won pursuant to the Act on the Aggravated Punishment, etc. of Specific Crimes," and the statutory penalty for the crime of violating the Road Traffic Act is "a imprisonment of not less than one year but not more than three years or a fine of not less than five million or not more than ten million won and not more than ten million won," and the court below should have determined that in order to sentence the above punishment after selecting the defendant who did not have any legal grounds for mitigation pursuant to Article 53 and Article 5(1)3 of the Criminal Act, the court below was sentenced to a punishment exceeding the scope of

Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that there is a ground for reversal of the above authority.

Criminal facts

The summary of the facts charged and the evidence of this case against the defendant is identical to the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 5-3 (1) 2 of the Act on the Punishment, etc. of Specific Crimes Aggravated Punishment, Article 268 of the Criminal Act, Articles 148, 54 (1) of the Road Traffic Act, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning the crime;

1.Article 40 of the Criminal Code of Trade and Trade.