The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. The sentence of the lower court (eight months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. We examine ex officio prior to the determination of the ex officio determination of sentencing.

According to the records, on October 27, 2016, the Defendant was sentenced to six months of imprisonment with prison labor and two years of suspended execution on November 4, 2016 at the Suwon Friwon, and the judgment became final and conclusive on November 27, 2016.

As above, the Defendant’s crime of violation of Road Traffic Act (unlicensed driving) committed by the instant judgment and the crime of violation of road traffic laws (unlicensed driving) committed by the instant judgment shall be determined after examining whether to reduce or exempt the punishment in consideration of equity in cases where the sentence is concurrently determined pursuant to Article 39(1) of the Criminal Act in relation to concurrent crimes after Article 37

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

3. In conclusion, the judgment of the court below is reversed pursuant to 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 through pleading.

Criminal facts

The summary of the facts of the crime and evidence admitted by this court is as follows: “The defendant was sentenced to six months of imprisonment on October 27, 2016 and two years of suspension of execution and became final and conclusive on November 4, 2016 due to a violation of road traffic law (non-licenseless driving) at the Suwon Flag method Board on October 27, 2016.” The summary of the evidence of the judgment below is as follows: (a) the search screen and the text of the judgment of the court below (excluding addition of “in the last column of the evidence” before and after the judgment of the court below on January 1, 201, and as stated in each corresponding column of the judgment of the court below, except for addition of “(2016 Gowon, 5499, Suwon Flag, 2016.”

Application of Statutes

1. Articles 148-2(1)1 and 44(1) of the Road Traffic Act concerning criminal facts of the relevant Act (amended by Act No. 13686, Dec. 29, 2015). Article 152 Subparag. 1 and 43 of the Road Traffic Act (amended by Act No. 13686, Dec. 29, 2015) of the former Automobile Management Act.