All judgment of the court below shall be reversed.

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

1. The summary of the grounds for appeal (the imprisonment with prison labor of the court of first instance and the imprisonment with prison labor of the court of second instance) is too unreasonable.

2. The judgment of the court of first instance and the judgment of the court of second instance against the defendant was rendered ex officio prior to the judgment on the grounds for appeal above by the defendant's ex officio, and the defendant filed an appeal respectively, and this court decided to hold concurrent hearings of the above two appeals cases. Since the crimes of the court of second instance against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment shall be imposed pursuant to Article 38 (1) of the Criminal Act, since the judgment of the court of first instance which sentenced a separate punishment for each of the above crimes cannot be maintained.

In addition, on April 28, 2020, the Defendant was sentenced to imprisonment for six months with prison labor for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents at the Daegu District Court, but the appeal was made on October 29, 2020, and the judgment became final and conclusive as it was dismissed.

However, since each crime against the defendant and the crime for which the judgment of the court below became final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act, in accordance with the first sentence of Article 39(1) of the Criminal Act, the punishment shall be determined after considering equity in the case of concurrent trials and examining whether to reduce or exempt the punishment, the judgment of the court below cannot be maintained.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the Defendant’s assertion of unfair sentencing, and it is so decided as follows.

[Discied Judgment] A summary of facts constituting an offense and evidence recognized by the court and a summary of the evidence are punished by imprisonment with prison labor for a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents at the Daegu District Court on April 28, 2020.