The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

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

1. The sentence of the court below (two years of suspended execution in August, the community service order of 80 hours, and the order of 40 hours) to the summary of the grounds for appeal is too unreasonable.

2. The crime of this case is a crime falling under Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act, and the statutory penalty is a imprisonment with prison labor for at least one year, or a fine of at least five million won but not exceeding 30 million won. Thus, in order to sentence a sentence of imprisonment with prison labor for a defendant who does not have any legal grounds for mitigation, a discretionary mitigation should have been made pursuant to Articles 53 and 55 (1) 3 of the Criminal Act.

Nevertheless, the lower court sentenced two years of suspended sentence to the 8-month imprisonment with prison labor exceeding the scope of the applicable sentencing with omission of such discretionary mitigation, and thus, the lower court became unable to maintain any further in this respect.

3. Accordingly, 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 ground that the above ground for ex officio reversal exists, and the judgment below is again decided as follows

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment below. Thus, they are cited 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, Article 268 of the Criminal Act and the choice of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The crime of this case on the grounds of sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Probation, etc. Act was committed by the defendant while driving a motor vehicle, causing personal damage by negligence in violation of the signal, and escape without taking necessary measures.