A defendant shall be punished by imprisonment for a term of one year and two months.

2. Reviewing the records ex officio, the defendant was sentenced by the Incheon District Court on February 22, 2019 to imprisonment with prison labor for a violation of the Road Traffic Act (driving) and a violation of the Road Traffic Act (licensed Driving) and 8 months of probation, 2 years of suspension of execution, 120 hours of community service order, 40 hours of attending a compliance driving lecture, and the above judgment became final and conclusive on November 30, 2019, and on July 18, 2019, the Seoul Northern District Court sentenced 10 months of imprisonment with prison labor for a violation of the Road Traffic Act (driving on January 10, 202).

Since each crime of the judgment of the court below against the defendant and each of the above crimes of violation of the Road Traffic Act, etc., for which the judgment of the court below became final, are concurrent crimes under the latter part of Article 37 of the Criminal Act, a punishment for each crime of the judgment of the court below shall be sentenced in consideration of equity and the case of concurrent judgment pursuant to Article 39(1)

3. Accordingly, 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 ground of ex officio reversal, and the following decision is delivered after oral argument.

[C] The summary of the facts constituting a crime and evidence recognized by the court of this Court 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 to three hours of imprisonment for a violation of the Road Traffic Act at the Seoul Northern District Court on November 2, 2012 and a fine of four million won for the same crime, etc. at the same court on September 11, 2014; and on February 22, 2019, by the Incheon District Court on February 22, 2019, the defendant was sentenced to a summary order of eight months of imprisonment for a violation of the Road Traffic Act (driving) and suspension of execution of two years of imprisonment for a community service order, 120 hours of community service order, and 40 hours of order of compliance driving lecture, and the above judgment became final and conclusive on July 30, 2019. < Amended by Presidential Decree No. 23748, Jul. 18, 2019>