The judgment of the court below is reversed.

Defendant shall be punished by a fine of 600,000 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. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

According to the records of this case, at the Ulsan District Court on April 6, 2017, the defendant was sentenced to 8 months of imprisonment for a violation of the Road Traffic Act (dacting driving) and a violation of the Road Traffic Act (dact-free driving), and the judgment became final and conclusive on June 10, 2017, which was after the judgment of the court below was rendered. Since each crime in the judgment of the court below is in the concurrent relationship between each of the above crimes in which the judgment of the court below became final and conclusive and the latter part of Article 37 of the Criminal Act, a punishment shall be determined in consideration of equity in the case where the judgment is to be rendered simultaneously pursuant to Article 39(1) of the Criminal

3. 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 of sentencing, and the judgment of the court below is reversed, and the following is again decided after pleading.

【Grounds for the judgment in its entirety] The criminal facts and summary of the evidence recognized by the court and the summary of the evidence are as follows: “The Defendant was sentenced to imprisonment for eight months at the Ulsan District Court on April 6, 2017 for a violation of the Road Traffic Act (drinking) and a violation of the Road Traffic Act (licensed driving) at the Ulsan District Court on April 6, 2017, and the judgment on June 10, 2017 became final and conclusive.

In addition to adding "," it is identical to each corresponding part of the judgment of the court below, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act and Article 366 of the Criminal Act concerning the facts constituting a crime;

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) (limited to the crimes of destruction of property and the trade name of each previous conviction on which judgment has become final and conclusive);

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (Crimes of Damaging Property against Victim F with heavier Crimes) of the Aggravation of Concurrent Crimes shall be sentenced to the penalty provided for in the former part of Article 37 of the Criminal Act;