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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
However, for a period of two years from the date this judgment becomes final and conclusive.
Reasons
1. Summary of the prosecutor's grounds for appeal;
A. Even though the statutory penalty for the crime of this case of violation of law is more than one year, the court below sentenced a sentence lower than the statutory penalty without discretionary mitigation, and sentenced a suspended sentence for less than six months even if mitigation is performed, the court below sentenced a suspended sentence for more than two months, even though it was unable to sentence a sentence for less than six months. The court below erred in the violation of law.
B. The sentence sentenced by the court below (the court below sentenced two years of suspended sentence on November 15, 2019 to four months of imprisonment, but the sentence of the court below stated two years of suspended sentence in the year and April, and the subsequent decision was made on November 19, 2019, and the court below rendered a correction of the order of the judgment sentenced in the court as above. However, the judgment is effective as declared in the court court. In light of the importance of the sentence in the criminal trial, even if the sentence was not pronounced in the court, it is only effective as declared in the court, and as a matter of principle, it is not allowed to correct the sentence after the completion of the sentence procedure. Accordingly, it is reasonable to view that the sentence sentenced by the court below was two years of suspended sentence in the period of four months of imprisonment, as declared in the court, as it was sentenced in the court below. The subsequent decision is unfair.
2. Article 148-2(2)1 of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018; hereinafter the same) provides that a person who drives a motor vehicle with a blood alcohol content of at least 0.2 percent in violation of Article 44(1) of the same Act shall be punished by imprisonment with labor for at least one year up to three years or by a fine of at least five million won but not exceeding ten million won, and Article 148-2(1)1 of the same Act shall be punished by Article 44(1) of the same Act.