The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. The decision of the court below on the gist of the reasons for appeal (4 months of imprisonment) is too unreasonable.

2. We examine ex officio prior to the judgment of unfair argument of sentencing.

According to the records of this case, on January 23, 2018, the defendant was sentenced to a suspended sentence of two years for a year of imprisonment with labor for a violation of the Road Traffic Act (refluence of alcohol measurement) at the Suwon Friwon.

7. The defendant's crime of this case and the crime of violation of traffic laws on which the judgment became final and conclusive as above are concurrent crimes under Article 37 of the Criminal Act, and the punishment should be determined after examining whether to reduce or exempt the punishment in consideration of equity in cases where the judgment is to be held at the same time under Article 39 (1) of the Criminal Act and the case where the punishment is to be mitigated or exempted.

Therefore, the judgment of the court below can no longer be maintained.

3. If so, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts constituting a crime and the evidence acknowledged by the court, and the summary of the evidence, are as follows: The first head of the judgment of the court below, "the defendant was sentenced to a suspended sentence of two years for a year of imprisonment with prison labor for a violation of Road Traffic Act (refluence of alcohol measurement) at the Suwon Friwon on January 23, 2018;

7.26. A final and conclusive person.

“1. A previous conviction in the judgment of the court below” and the summary of the evidence are cited as it is in accordance with Article 369 of the Criminal Procedure Act, except for the addition of “a copy of the judgment of the court below (the Suwon District Court 2017 High Court 2727 High Court Decision)” to “a copy of the judgment of the court below.”

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 152 (1) and 31 (1) of the Criminal Act concerning the selection of punishment for the crime (elective of imprisonment);

1. Articles 153 and 55 (1) 3 of the Criminal Act to be mitigated by law;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The aggravated Criminal Act for concurrent crimes.