The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 700,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (e.g., a fine of KRW 700,00) of the lower court is too unreasonable.

2. According to the records of ex officio determination, the Defendant, at the Gwangju District Court on January 24, 2019, sentenced 10 months of imprisonment, 2 years of suspended execution, 40 hours of order to attend a compliance driving lecture at the Gwangju District Court on February 1, 2019, and the judgment became final and conclusive on February 1, 2019, and the same court on April 30, 2019, sentenced eight months of imprisonment with prison labor for a violation of the Road Traffic Act (driving) and the final and conclusive on May 8, 2019.

As the crime in the judgment of the court below against the defendant is one of the concurrent crimes under the latter part of Article 37 of the Criminal Act with each of the above crimes for which judgment has become final and conclusive, a sentence should be imposed in consideration of equity with the case where judgment is rendered at the same time pursuant to Article 39(1) of the Criminal

3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is decided as follows through pleading.

Criminal facts

The summary of the facts and evidence acknowledged by this court is that the first head of the judgment of the court below added "criminal facts" to the "criminal facts" as stated in the judgment of the court below on January 24, 2019, with the exception that "the defendant was sentenced to 10 months of imprisonment, 2 years of suspended execution, 40 hours of an order to attend a compliance driving lecture at the Gwangju District Court on February 1, 2019, and the judgment became final and conclusive on February 1, 2019, and the same court on April 30, 2019 was sentenced to 8 months of imprisonment for a violation of the Road Traffic Act (driving) and the judgment became final and conclusive on May 8, 2019, as stated in each corresponding column of the judgment of the court below."

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 314 (1) of the Criminal Act concerning the selection of punishment;

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

1. Article 70 of the Criminal Act for the Detention of Labor House Head.