The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date of the final judgment.

1. The summary of the grounds for appeal (a fine of five million won) declared by the lower court is too unhued and unreasonable.

2. According to the records of ex officio destruction, the Defendant, at the Daegu District Court on November 12, 2013, may be found to have been sentenced to a suspended sentence of six months for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.). The Defendant’s judgment became final and conclusive on November 20, 2013.

Since the crime of this case is related to the crime subject to the above final judgment and the crime subject to the latter part of Article 37 of the Criminal Act, the punishment shall be determined after examining whether to reduce or exempt punishment in consideration of equity in the case of concurrent judgment pursuant to Article 39(1) of the Criminal Act. Since the application of the statutes of the lower judgment was omitted, the reason for ex

Pursuant to Article 364(2) of the Criminal Procedure Act, the judgment of the court below shall be reversed, and the following judgment shall be rendered again after pleading

Criminal facts

The summary of the facts constituting an offense and the evidence admitted by the court in question is as stated in each corresponding column of the judgment below, except for adding "The defendant was sentenced to a suspended sentence of two years for six months due to a violation of the Punishment of Violences, etc. Act (a collective action, threat of deadly weapons, etc.) at the Daegu District Court on November 12, 2013, and such judgment became final and conclusive on November 20, 2013" to the first head of the facts constituting an offense as stated in the judgment of the court below, and therefore, it is cited as it is in accordance with Article

Application of Statutes

1. Relevant Article of the Act on the Crime, Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act (the point of a sound driving) and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of a without a license driving) concerning the selection of criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The defendant in a suspended sentence under Article 62(1) of the Criminal Act has a record of being punished twice due to drunk driving, and in particular, the defendant is a drunk driving on July 29, 2013.