The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for six months.

1. The sentence imposed by the court below (eight months of imprisonment) is too unreasonable.

2. We examine ex officio the grounds for appeal prior to the judgment on the grounds of ex officio judgment.

According to the records of this case, the Defendant, at the Daegu District Court on December 12, 2014, sentenced eight months to imprisonment with prison labor for a crime of violating the Automobile Management Act and confirmed on February 11, 2015. As such, the crime of this case and the crime of violating the Automobile Management Act, which became final and conclusive, are concurrent crimes under the latter part of Article 37 of the Criminal Act, with regard to the crime of this case and the crime of violating the Automobile Management Act, after examining whether to grant reduction or exemption of punishment, shall be determined by considering equity and equity pursuant to Article 39(1) of the Criminal Act. Therefore, the part of

3. If so, the part of the judgment of the court below against the defendant is reversed under Article 364 (2) of the Criminal Procedure Act without examining the defendant's allegation of unfair sentencing, and the part of the judgment of the court below against the defendant is reversed, and it is again decided as follows.

Criminal facts

The summary of the facts and evidence against the defendant recognized by this court is as follows: "The defendant was sentenced to eight months of imprisonment with prison labor for a violation of the Automobile Management Act at the Daegu District Court on December 12, 2014, and the judgment became final and conclusive on February 11, 2015," and "1. The summary of the evidence" is as stated in the corresponding column of the judgment of the court below, except for addition of "each description of the defendant's current trial statement, case agreement auxiliary meetings, and each copy of each judgment" to the first head of the judgment of the court below. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 2(2) and (1)2 of the Punishment of Violences, etc. Act concerning criminal facts, Article 324 of the Criminal Act, and punishment of violence, etc.