The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. Summary of the grounds for appeal and the sentencing of the case (six months in prison);

2. On August 22, 2019, the Defendant was sentenced to one year of imprisonment for a violation of the Road Traffic Act at the Seoul Northern District Court (hereinafter “Seoul Northern District Court”) and the judgment became final and conclusive on August 30, 2019.

As above, the crime of the judgment of the court below against the defendant and the crime of violation of the Road Traffic Act, etc. of which judgment has become final and conclusive, shall be sentenced to concurrent crimes under the latter part of Article 37 of the Criminal Act, and in accordance with the former part of Article 39 (1) of the Criminal Act, a punishment for the crime of the

Therefore, the judgment of the court below cannot be maintained as it is.

3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows after oral argument.

[Reasons for the judgment of multiple court] The summary of facts constituting a crime and evidence recognized by this court was terminated, and the summary of facts constituting a crime and evidence as stated in the judgment of the court below was cited as it is in accordance with Article 369 of the Criminal Procedure Act, except that "the last " was terminated" was sentenced to one year of imprisonment for a violation of the Road Traffic Act (driving) at the Seoul Northern District Court on August 22, 2019, and the judgment became final and conclusive on August 30, 2019."

Application of Statutes

1. Relevant Article of the Act on Criminal facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, which choose the penalty;

1. Article 35 of the Criminal Act among repeated crimes;

1. A person who has reasons for sentencing under the latter part of Articles 37 and 39(1) of the Criminal Act dealing with concurrent crimes: A person who has been mitigated by committing a crime, etc. during the period of repeated crimes: The confession and reflectivity, equity with the case of concurrent judgment, etc. shall be taken into consideration, such as the age, character and conduct, environment, background of the crime, and balance with the case of a violation of the Road Traffic Act, etc. for which judgment has become final and conclusive;