The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, the period of one year from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced to the defendant (one year of suspended sentence in April and 40 hours of order to attend a course) is too uneasable and unfair.

2. Prior to the judgment on the grounds for appeal by the prosecutor ex officio, the records of this case revealed that the Defendant was sentenced to four months of imprisonment on October 18, 2017 for a violation of the Road Traffic Act (unlicensed Driving) at the Suwon Flag Flag method Board, and the judgment became final and conclusive on October 26, 2017. As such, the crime for which the judgment became final and conclusive and the crime of this case are concurrent crimes under the latter part of Article 37 of the Criminal Act and the crime of this case are determined by taking into account the case of concurrent crimes under Article 39(1) of the Criminal Act, and thus, the judgment of the court below cannot be maintained any longer.

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper argument of sentencing, and the judgment below is reversed, and it is again decided as follows through pleading.

[Judgment] The summary of criminal facts and evidence admitted by this court is identical to each corresponding column of the judgment of the court below, except for adding "the defendant was sentenced to four months of imprisonment with labor for a violation of road traffic law (unlicensed driving) at the Suwon Friwon on October 18, 2017, and the above judgment became final and conclusive on October 26, 2017" to the first head of the criminal facts. Thus, the summary of the criminal facts and evidence admitted by this court is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148 of the relevant Act and Articles 148 and 54 (1) of the Road Traffic Act and the selection of punishment for a crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend Courses;