The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

Summary of Grounds for Appeal

Although the defendant had been sentenced to suspension of qualification or a heavier punishment, the judgment of the court below which suspended the sentence of the defendant is erroneous in the misapprehension of legal principles which affected the conclusion of the judgment

Judgment

According to the evidence duly adopted and examined by the court below, the defendant was sentenced to 8 months of imprisonment and 2 years of suspension of execution on March 22, 2013 to the Daejeon District Court Branch for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, etc. on March 30, 2013, and the judgment became final and conclusive on March 30, 2013. The crime of this case is in the relation of the crime for which the judgment became final and conclusive and the latter part of Article 37 of the Criminal Act. The crime of this case is in the relation of concurrent crimes under the latter part of Article 37 of the Criminal Act, and where a sentence is sentenced for a crime which has not been adjudicated among the latter concurrent crimes of Article 37 of the Criminal Act, the punishment of "the crime for which judgment has become final and conclusive" under the latter part of Article 59(1) of the Criminal Act is also included in "the crime subject to the exception of suspension of sentence (see, e.g., Supreme Court Decision 2010Do931).

Therefore, the judgment of the court below which sentenced the suspension of sentence against the defendant is erroneous in the misapprehension of legal principles as to this, which affected the conclusion of the judgment.

In conclusion, the prosecutor's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the facts charged against the defendant and the summary of the evidence admitted by the court are as follows: "The defendant is sentenced to 8 months of imprisonment and 2 years of suspended execution for violating the Act on Special Cases Concerning the Settlement of Traffic Accidents at the Seosan Branch of the Daejeon District Court on March 22, 2013 and the above judgment on March 30, 2013.