The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

2. Before the judgment on the grounds of appeal by the Defendant’s ex officio, the records of the instant case are examined as follows. The Defendant was sentenced to a suspended sentence of two years for a period of eight months due to a violation of road traffic law at the Ulsan District Court on November 23, 2015 (unnecessary measures after an accident) and the said judgment became final and conclusive on December 1, 2015.

As above, the crime of this case is in the relation of concurrent crimes between the violation of Road Traffic Act (measures not to be taken after an accident) for which judgment has become final and the violation of Road Traffic Act (measures not to be taken after an accident) and the violation of the latter part of Article 37 of the Criminal Act, and the punishment shall be determined after considering equity with the case to be judged at the same time pursuant to Article 39(1) of the Criminal Act and examining

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 improper assertion of sentencing, and the judgment below is ruled as follows through pleading.

[Re-written judgment] The summary of the facts constituting an offense and evidence recognized by the court and the summary of the evidence are all the facts constituting an offense in the original judgment, and the defendant was sentenced to a suspended sentence of two years for eight months as a crime of violation of road traffic law at the Ulsan District Court on November 23, 2015, and the judgment became final and conclusive on December 1, 2015.

In addition, “1. Before the judgment: Before the judgment,” the summary of the evidence added “1. Before the judgment: The text of the judgment (2015 order 1318) and “KICS integrated search output” 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 Criminal Act and Articles 356 and 355 (1) of the Criminal Act (generally, selection of imprisonment with prison labor);

1. The latter part of Article 37 of the Criminal Code to deal with concurrent crimes, provided that the reason for sentencing of Article 39(1) is examined, and the defendant is the same.