The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding five hundred thousand won.

The above fine shall be imposed on the defendant.

1. The sentence of the court below (the first and second crime at the time of original adjudication: the imprisonment of eight months, and the third crime at the time of original adjudication: the fine of 50,000 won) is too unreasonable in light of all the sentencing conditions in the grounds for appeal.

2. Before determining the Defendant’s assertion of unreasonable sentencing regarding the grounds for appeal, the lower court, ex officio, found the Defendant’s imprisonment with prison labor for six months on January 26, 2012, on the premise that the said judgment became final and conclusive on February 3, 2012, on the premise that the Defendant’s imprisonment with prison labor for a violation of the Road Traffic Act (unlicensed Driving) and the crime of violation of the Road Traffic Act (Unlicensed Driving) and the crime of violation of the latter part of Article 37 of the Criminal Act were concurrent crimes. However, even if the Defendant’s application for recovery of the right of appeal regarding the said judgment was accepted, and each of the above crimes did not constitute concurrent crimes under the latter part of Article 37 of the Criminal Act, the lower court was no longer maintained.

3. Therefore, 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, on the grounds of the above reversal, and the judgment below is again ruled as follows.

Punishment of the crime

The summary of the facts constituting an offense and evidence acknowledged by this court is as follows, except for deletion of the part of criminal records and the part of the summary of evidence in the judgment below's criminal records, and the part of the references to criminal records and other references to criminal records, and therefore, they are identical to each corresponding column of the judgment of the court below. Thus, they are quoted as they are in accordance with

Application of Statutes

1. Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime in question, Article 268 of the Criminal Act, Articles 148 and 54(1) of the Road Traffic Act, Article 152 Subparag. 1 and 43 of the Road Traffic Act, Articles 352 and 347(1) of the Criminal Act.