The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The sentence of the lower court (six months of imprisonment) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. According to the records of ex officio determination, the defendant was sentenced to imprisonment with labor for a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) at the Seoul Western District Court on July 19, 2018 and the judgment became final and conclusive on July 27, 2018. As such, each of the crimes in the judgment of the court below against the defendant and the above crimes for which the judgment became final and conclusive on July 27, 2018 are concurrent crimes under the former part of Article 37 of the Criminal Act, and should be sentenced to punishment for each of the crimes in the judgment of the court below in consideration of equity with the case where the judgment is rendered at the same time in accordance with the former part of Article

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument for sentencing, on the ground that the above reasons for reversal of the judgment of the court below are reversed, and it is again decided as follows after pleading.

[Grounds for a new judgment] The summary of facts constituting a crime and evidence admitted by this court is the first head of the lower judgment’s criminal facts and the summary of the evidence. The judgment below became final and conclusive on July 27, 2018 after having been sentenced to imprisonment with labor for a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents at the Seoul Western District Court on July 19, 2018.

In addition, “a summary of evidence” is as stated in each corresponding column of the judgment of the court below, except where “a previous conviction in the judgment of 1.0” is added to “a prior conviction in the judgment of 1.0”, “a summary of the case’s summary, and a text of the judgment (Seoul Western District Court Decision 2018Ma1870)” at the last time, and as such, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, Article 151 of the Road Traffic Act, and the Guarantee of Automobile Compensation.