The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., two years of imprisonment) is too unreasonable.

2. Ex officio determination

(a) "A crime for which judgment to face with imprisonment without prison labor or a heavier punishment has become final and a crime committed before such judgment has become final and conclusive" shall constitute concurrent crimes provided for in the latter part of Article 37 of the Criminal Act, and in such cases, a punishment shall be imposed in consideration of equity in cases where a crime which has not been adjudicated among concurrent crimes and a crime for which judgment has become final and conclusive under Article

Meanwhile, in light of the language, legislative intent, etc. of the latter part of Article 37 and Article 39(1) of the Criminal Act, in cases where a crime for which no judgment has yet to be rendered could not be judged concurrently with the crime for which judgment has already become final and conclusive, it is reasonable to interpret that the punishment shall not be imposed at the same time in consideration of equity and equity in the case of a judgment

(see, e.g., Supreme Court Decision 2009Do9948, Oct. 27, 2011). (B)

According to the records, on September 11, 2008, the defendant was sentenced to a two-year suspended sentence on the 19th of the same month by imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicle) at the Incheon District Court on September 11, 2008, and the judgment became final and conclusive on July 21, 201.

On the other hand, the crime of criminal records is ① the crime committed before the day when the judgment of the previous offense becomes final and conclusive.

On the other hand, the court below sentenced the punishment in consideration of the equality between the crimes of the previous offense and the crimes of the previous offense under the latter part of Article 37 and Article 39(1) of the Criminal Act, which are crimes committed before the final judgment of the previous offense. Each of the crimes in the judgment of the court below is ① a crime which was committed after the final judgment of the previous offense, ② a crime of the previous offense is committed before the final judgment of the previous offense, and ② a crime of the previous offense in the judgment of the court below becomes final and conclusive.