Defendant shall be punished by a fine of KRW 300,000.

The above fine shall not be paid by the defendant.

2. Before determining the grounds for appeal by the defendant ex officio, the records show that the defendant was sentenced on October 25, 2019 to imprisonment with prison labor and six months on May 8, 2020 by the Incheon District Court for the violation of the Act on the Control of Narcotics, Etc., and the judgment became final and conclusive on May 8, 2020. Since the crime of this case is obvious that the crime of this case is a crime committed prior to the date when the above judgment becomes final and conclusive, the judgment of the court below is to be determined in consideration of equity with the case where the judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act in relation to the crime of this case and the latter part of Article 37 of the Criminal Act. Therefore, the judgment below

3. Therefore, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of ex officio reversal as seen above, and the following is again decided after pleading.

[Dao-written judgment] The summary of the facts constituting the crime and the evidence admitted by the court below and the summary of the evidence are as follows. The first head of the judgment of the court below is as follows: “The defendant was sentenced on October 25, 2019 by the Incheon District Court to imprisonment with prison labor on May 8, 2020 and became final and conclusive on May 8, 2020 due to the violation of the Act on the Control of Narcotics, etc. (fence),” and the summary of the evidence is as stated in the corresponding column of the judgment of the court below, except for addition of “the Defendant’s trial statement at the trial” in the summary of the evidence as stated in

Application of Statutes

1. Article 151 of the Road Traffic Act applicable to the relevant criminal facts, the selection of punishment, and the selection of fines;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the provisional payment order [any poor circumstances].