The judgment of the court below is reversed.

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

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The summary of the grounds for appeal (two years of suspended execution in August, community service hours, and forty hours of the compliance officer lecture) of the lower court is deemed to be too uneasy and unfair;

2. Before the judgment on the grounds for appeal by the prosecutor ex officio, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents provides that the driver of a vehicle shall be punished by imprisonment without prison labor for not more than five years or by a fine not exceeding twenty million won, if the driver of a vehicle commits an offense under Article 268 of the Criminal Act due to traffic accident. The court below found the defendant guilty of all of the facts charged in this case, and it erred in the misapprehension of law that selects imprisonment, not imprisonment without prison labor, with prison labor, for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents

(A) Article 148-2(1)1 of the Road Traffic Act provides that “A person who commits a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents shall be punished by imprisonment without prison labor for not less than five years or by a fine not exceeding twenty million won,” and Article 148-2(1)1 of the Road Traffic Act provides that “A person who commits a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (hereinafter “Special Cases concerning the Settlement of Traffic Accidents”) shall be punished by imprisonment with prison labor for not less than three years and shall be punished by imprisonment with prison labor for not more than three years, or by a fine not less than five million won and not more than ten million won,” and the above two crimes shall be punished by a concurrent crime under the former part of Article 37 of the Criminal Act, where a person who commits a concurrent crime under the former part of Article 37 of the Criminal Act is punished by imprisonment with prison labor for not more than a more severe penalty, and the minimum penalty for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (hereinafter “Special Cases”).

If so, the lower limit of punishment is one year for the defendant who has committed concurrent crimes, and the grounds for legal mitigation as to the above crimes.