The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than three months.

1. The decision of the court below on the gist of the reasons for appeal (4 months of imprisonment) is too unreasonable.

2. We examine ex officio prior to the determination of the ex officio determination of sentencing.

According to the records of this case, on May 1, 2018, the defendant was sentenced to four months of imprisonment with prison labor for a violation of the Road Traffic Act (unlicensed Driving) at the Suwon Friwon, and the judgment is the same.

8. The facts established on 28. The defendant's crime of this case and the crime of violation of the Road Traffic Act (unlicensed driving) against which the judgment became final and conclusive as above are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the punishment should be determined after examining whether to reduce or exempt the punishment in consideration of equity and equity in cases where the judgment is to be rendered simultaneously pursuant to Article 39(1) of the Criminal

Therefore, the judgment of the court below can no longer be maintained.

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 unfair argument of sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts constituting a crime and the evidence acknowledged by the court, and the summary of the evidence, are as follows: (a) the first head of the judgment of the court below, which stated that the defendant was sentenced to four months of imprisonment with prison labor for a violation of road traffic law (unlicensed driving) at the Suwon Friwon on May 1, 2018,

8. It is the person finalized.

“1. A previous conviction in the judgment of the court below” is added to the summary of the evidence, and except for the addition of “1. A criminal investigation report (verification of the facts in the detention house)”, it is identical to each corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act

Application of Statutes

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 152 subparagraph 1 of the Road Act, Article 152 and Article 43 (Unlicensed Driving, Selection of Imprisonment), Article 3 (1) and the proviso to Article 3 (2) 7 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation on duty and on duty, and Selection of imprisonment without prison labor);

1. The latter part of Article 37 of the Criminal Code for the treatment of concurrent crimes, provided that Article 39.