The judgment of the court below is reversed.

A fine of three million won shall be imposed on a defendant.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (e.g., a fine of four million won) of the lower court is too unreasonable.

2. According to the records of ex officio determination, the Defendant, at the Seoul Southern District Court on September 20, 2018, was sentenced to a suspended sentence of two years for a year of imprisonment for a violation of the Road Traffic Act (Refusal of measurement) at the Seoul Southern District Court, and such judgment became final and conclusive on September 28, 2018.

Thus, since the crime of the judgment below and the above crime against the defendant for which the judgment of the court below became final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act, the equality in the case of concurrent crimes under Article 39(1) of the Criminal Act shall be considered and the sentence shall be determined after examining whether mitigation of punishment is exempted. The judgment of the court below cannot be maintained as it is, since the sentence was determined without

3. If so, the judgment of the court below is based on the above reasons for reversal of authority. Thus, without examining the defendant's assertion of unfair sentencing, it is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows.

[Reasons for the judgment of multiple court] The summary of criminal facts and evidence admitted by this court is added to the first head of the crime of the judgment of the court below that "the defendant was sentenced to a suspension of execution of one year to imprisonment at the Seoul Southern District Court on September 20, 2018 for the crime of violation of the Road Traffic Act (Refusal of Drinking Measures) and the judgment became final and conclusive on September 28, 2018." The summary of the evidence is as stated in the corresponding column of the judgment of the court below except for addition of "1. Before the judgment: content of the case search and the judgment" to the end of the evidence, and therefore, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 284 and Article 283 (1) of the Criminal Act concerning criminal facts, the choice of punishment, the latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is the defendant.