A defendant shall be punished by imprisonment for six months.

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

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.

According to the records, on December 22, 2016, the defendant was sentenced to a suspended sentence of two years for six months by imprisonment for a violation of the Road Traffic Act (drinking driving), and the above judgment was finalized on the 30th of the same month.

Thus, the crime of this case committed prior to the day on which the above judgment became final and conclusive shall be sentenced in consideration of the equity between the case where the above crimes are concurrently judged under Article 39(1) of the Criminal Act in relation to the crime of violation of the Road Traffic Act (dacting driving) and the crime of single concurrent crimes after Article 37 of the Criminal Act.

In doing so, the court below omitted the above previous conviction in its decision, and it is difficult to find any circumstances taking into account the sentencing. Thus, the court below erred by misapprehending the legal principles on concurrent crimes by the latter part of Article 37 of the Criminal Act, which affected the conclusion of the judgment.

2. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant, and the judgment below is reversed and it is again decided as follows after pleading.

[Re-written judgment] The summary of the facts constituting an offense and evidence admitted by the court and the summary of the evidence are as follows: the first head of the judgment below’s “criminal facts” was sentenced to a suspended sentence of two years for six months by imprisonment with prison labor for a violation of road traffic laws at the Ulsan District Court on December 22, 2016, and the above judgment became final and conclusive on the 30th of the same month.

In addition, “a summary of evidence” is added to “a statement of reply to inquiry, such as criminal history,” as stated in each corresponding column of the lower judgment. As such, this is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, and the punishment of imprisonment;