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 May 28, 2019, the Defendant was sentenced to six months of imprisonment, two years of suspension of execution, and forty hours of the compliance driving lecture at the District Court for the violation of the Road Traffic Act (unlicensed Driving) and the judgment became final and conclusive on December 24, 2019.

As above, the crime of the judgment of the court below against the defendant and the crime of the violation of the Road Traffic Act (unlicensed driving) for which the judgment of the court below becomes final, shall be sentenced to punishment for the crime under the judgment of the court below in consideration of the equity between the cases where the judgment is to be judged at the same time in accordance with the main sentence of

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 is as stated in the first head of the judgment of the court below, with the exception that "the defendant of criminal record was sentenced to six months of imprisonment, two years of suspended execution, 40 hours of imprisonment for a violation of the Road Traffic Act at the Jung-gu District Court on May 28, 2019, and the judgment became final and conclusive on December 24, 2019" added to "the criminal record was the same as stated in each corresponding column of the judgment of the court below, and thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act."

Application of Statutes

1. Relevant Article of the Act on Criminal Facts, Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

1. A person on the grounds of sentencing under the latter part of Article 37 and Article 39(1) of the Criminal Act for concurrent crimes: A mitigated person, such as the fact that he/she committed the instant crime even though he/she had been punished several times for the same kind of crime: The recognition of and reflects the instant crime, and the fact that he/she is a disabled person of class V with a delay disability, and the judgment has already become final