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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
1. Summary of grounds for appeal unreasonable sentencing
2. According to the records of this case’s ex officio determination, the Defendant was sentenced to a suspended sentence of one year for four months of imprisonment for a violation of the Road Traffic Act in the Changwon District Court Branch on May 17, 2019, and the said judgment became final and conclusive on August 2, 2019.
The crime of the judgment of the court below against the defendant and the crime of the above violation of the Road Traffic Act in relation to the concurrent crimes under the latter part of Article 37 of the Criminal Act, and in accordance with Article 39 (1) of the Criminal Act, a punishment for the crime of the judgment of the court below shall be sentenced in consideration of equity and equality. Thus, the judgment of the court below cannot
3. If so, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.
Criminal facts
The summary of the facts and evidence admitted by this court is that the first part of the judgment of the court below is the same as the statement in each corresponding column of the judgment of the court below in addition to adding "the defendant was sentenced to a suspension of execution for four months as a crime of violation of the Road Traffic Act (driving on May 17, 2019)" to "the above judgment was finalized on August 2, 2019," and "the summary of evidence" to "1."
Application of Statutes
1. Article 3(1) and proviso of Article 3(2)7 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 152 Subparag. 1 and Article 43 of the Road Traffic Act, Article 148-2(1)2 and Article 44 of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018) concerning criminal facts.