The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

1. The decision of the court below on the summary of the grounds for appeal is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant, the records show that the defendant was sentenced to ten months of imprisonment with labor for a violation of the Narcotics Control Act at the Seoul Central District Court on November 26, 2015, and the above judgment became final and conclusive on January 12, 2016. The above violation of the Act on the Control of Narcotics, Etc. and the Act on the Special Cases concerning the Settlement of Traffic Accidents in the latter part of Article 37 of the Criminal Act are concurrent crimes under Article 39(1) of the Criminal Act. Thus, the court below did not take such measures, even though the court below did not have sentenced the punishment, in consideration of equity and the case where the crime of violating the Act on the Special Cases concerning the Settlement of Traffic Accidents and the above violation of the Act on the Control of Narcotics, etc. for which the judgment became final and conclusive pursuant to Article 39(1) of the Criminal Act, and did not take such measures.

3. Therefore, the judgment of the court below is reversed ex officio in accordance with Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant, and the following judgment is delivered through pleadings.

Criminal facts

The summary of the criminal facts and evidence against the defendant was sentenced to ten months of imprisonment with labor for a violation of the Narcotics Control Act at the Seoul Central District Court on November 26, 2015, and the judgment on January 12, 2016 became final and conclusive on January 2, 2016.

“1. Before the judgment in the summary of the evidence,” except for adding “1. Before the judgment: the Defendant’s oral statement; the inquiry of summary information; and the judgment (No. 3520, 2015, 3889, 2015, 3520)” as stated in each corresponding column of the judgment of the court below; therefore, it shall be cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning criminal facts and special cases concerning the selection of punishment for traffic accidents;