A defendant shall be punished by imprisonment for six months.

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

A. The sentence of the lower court (six months of imprisonment, two years of suspended execution) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. On May 24, 2018, the Defendant, who was sentenced to imprisonment for eight months or two years of suspended execution and became final and conclusive on June 1, 2018 in the Gwangju District Court’s net support for the crime of violation of road traffic law, etc.

The crime of this case and the violation of the Road Traffic Act, etc. of this case, which became final and conclusive, shall be sentenced to punishment in consideration of the equity in the case of concurrent crimes with the judgment at the same time pursuant to the main sentence of Article 39 (1) of the Criminal Act in relation to the latter part of Article 37.

In this regard, the judgment of the court below cannot be maintained as it is.

3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and the judgment of the court below is reversed in accordance with the above Article 364 (2) of the Criminal Procedure Act, since there is a ground for reversal ex officio.

[Re-written judgment] The summary of facts constituting an offense and the evidence admitted by the court and the summary of the evidence are as stated in each corresponding column of the judgment below, except for addition or modification of the following contents. Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

The judgment below

Criminal facts

The judgment on May 24, 2018 became final and conclusive on June 1, 2018, when the defendant was sentenced to 8 months of imprisonment and 2 years of suspended execution due to a violation of road traffic law (dacting driving) in the Busan District Court's net support on May 24, 2018.

“” shall be added.

The judgment below

Summary of Evidence

In the last part, “1.Before the ruling: the submission of outstanding facts and reference materials to this court shall be added.”

Application of Statutes

1. Subparagraph 1 of Article 89-2 of the Military Service Act concerning facts constituting an offense;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is to recognize and reflect the instant crime, and there is no criminal record for the same kind of crime.