The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (one year of imprisonment and two years of suspended execution, probation, community service, 80 hours in social service, 40 hours in a compliance driving course) of the lower court is deemed to be too unhued and unreasonable;

2. Before the judgment on the grounds for appeal by the prosecutor ex officio, according to the records, the defendant was sentenced to one year of imprisonment for a violation of the Road Traffic Act at the Cheongju District Court on May 28, 2019 and the appeal by the defendant was dismissed, and the above judgment became final and conclusive on September 10, 2019, which is after the judgment of the court below became final and conclusive. Thus, the crime of violation of the Road Traffic Act (driving) in the judgment of the court below against the defendant is related to concurrent crimes under the latter part of Article 37 of the Criminal Act with the crime of violation of the Road Traffic Act (driving) in which the judgment of the court below became final and conclusive, and the punishment shall be determined after examining whether to reduce or exempt the punishment in consideration of equity in the case where the judgment is to be held at the same time and the latter part of Article 37 of the Criminal Act.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, on the ground that the above reasons for reversal of authority are based on the above reasons, and the judgment below is

[Dao-written judgment] The summary of the facts constituting a crime and the evidence admitted by the court below and the summary of the evidence are identical to the corresponding column of the judgment of the court below, except for addition of "the defendant was sentenced to one year to imprisonment with prison labor for a violation of the Road Traffic Act at the Cheongju District Court on May 28, 2019 and became final and conclusive September 10, 2019" in the front of the offense column of the judgment of the court below, and therefore, it is acceptable as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2(1)1 and Article 148-2(1)1 of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018) regarding criminal facts and the choice of punishment.